mukesh goyal (manager-accounts ) 18 June 2012

My father expired without will

My father expired nov03 , we are 2 brother , my brother also expired mar-2012 , before expired my brother he got 2 married . first wife not stay with us but not divorse and she had no child.

second wife is illegal but having a child.

Before passed away my father created a home with self earning and my mother and i alive.

what is the share % of my brother 1st and 2nd wife / her son.

Second wife not want to stay with us and planning to get lum sum amount .

can i go to court to left my mother house with justifiy amount .THis amount is worked out on waht basis govt. guideline of the property land rate previllage.

pl. reply urgent.

Mukesh Goyal

pl. advice

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 18 June 2012

Dear Querist,

The following would be the respective shares :-

1. Your father's property would go down to you, your brother and mother to the tune of 1/3rd each.

2. AS to you and your mother's share there is no quarrel.

3. As regards brother's share - his 1/3rd would go to his first wife/children/second wife's children in equal respects.

Feel free to talk !

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mukesh goyal (manager-accounts ) 19 June 2012

Dear Sir ,

I JUST WANT TO CLARIFICATION , THE HOUSE SOLD PRICE CALCULATION ON THE BASIS OF GOVT. RATE PREVILLAGE ON THAT LOCATION OR MARKET RATE.

IF I WILL GO FOR SETTLEMENT THEN I WILL USE ADVICE RATE AND THE SAME WILL BE LEGAL NOT WANT ANY DISPUTE AFTER SETTELMENT.

REGARDS,

M GOYAL

alexander (nil) 25 June 2012

Hindu marriage act 1955 sec 5 (i) makes the second marriage void ipso facto. This second marriage when his first wife was alive and noty divorced on the date of the second marriage is tyotally non est. that means it is not existent and not even entitled to maintenance.

As per Section 8 of the Hindu marriage act 1955 the class I heir entiled to uour late father's estate are

(a) son/sons,

(b) daughter

Thus you,your mother and your late brother's wife shall get 1/3 rd share each of your late father's estate

anand p gupta

amateur legal research

(Guest)

Alexander, you are absolutely right. Under Hindu law, a second wife (who is not legally wedded) does not have right share and interest in the property. However, her children do have a share in the property.

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