Property after death of husband

Guest (Querist) 24 July 2020 This query is : Resolved
In case of two wife.1st have no children and second wife have two children.Husband separated with first wife without Registering divorce in court only at gram panchayat. But Husband paid maintenance charges for first wife.the husband have loan of ₹20lacs .after death of husband,first wife asking some more property of husband.but 1st wife doesn't ready to repay the loans. But his children from second wife paid some loans. So wt is the solution?

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Rajendra K Goyal (Expert) 24 July 2020
If the Husband was a Hindu, proper divorce as per law was not taken. In such case second wife is not entitled of any property of the deceased.

Children from second wife have share in the property of deceased.

Ist wife and the children of so called second wife would inherit the assets after payment of liability of the deceased.

Guest (Expert) 24 July 2020
Well advised by Advocate Mr.Rajendra K Goyal

Guest (Querist) 24 July 2020
But 1st wife asking share, but she she doesn't ready to clear the debts.even she never lived with husband from the time of marriage to death.

Sri Vijayan.A (Expert) 24 July 2020
The first wife is legal and is the only wife. The second is illegal.
The children through illegitimate wife are also legal heir. Their mother is not heir.

In this situation, the property and liability shall be shared by all the three legal heirs.

Whether she lived with him or not does not matter here.

kavksatyanarayana (Expert) 24 July 2020
Well explained by the above-learned experts. no more to add.

Guest (Querist) 25 July 2020
The 2nd wife children ready to give her share to 1st wife, but she will not ready to repay debts which r taken by husband. So wt they can do for repayment of loans

P. Venu (Expert) 25 July 2020
The wife is liable for the debts of the late husband to the extent she has inherited the property. The property is jointly vested with her and the step-children. If the children choose to settle the debt, they are entitled to realise their step-mother's due from the property or otherwise.

Rajendra K Goyal (Expert) 25 July 2020
Debts is the liability of legal heirs can be paid from the assets of the deceased.

Guest (Querist) 25 July 2020
But she is refuse to clear debts and when the children went to apply for pattadar passbook in tahsildar office, she is threatening the officers and children of husband by using political power. Even officers also supporting her because of political background

P. Venu (Expert) 25 July 2020
Who is in possession of the property?

Guest (Querist) 25 July 2020
Present the entire property is in husband name. But the property documents and property also maintained by Second wife and her children. But when they go to transfer passbook from husband to 2nd wife and her children, 1st wife using her political background

P. Venu (Expert) 25 July 2020
You are yet to provide the requisite information: "Who is in possession of the property and how it is being used"?

Guest (Querist) 25 July 2020
Pnow property using by 2nd wife children only. Because the deceased husband lived with 2nd wife only . He never lived with 1st wife.

Dr J C Vashista (Expert) 26 July 2020
It can not be termed as "mistake" but illegal and invalid to solemanize/ contract another woman during subsistance of married woman in any personal laws.

Dr J C Vashista (Expert) 26 July 2020
Second woman and her children can not succeed and inherit property left by deceased person.

Guest (Querist) 26 July 2020
Dr j c Vashishta sir, if the second marriage is illegal.only 2nd wife cannot claim property,but children from second marriage are considered as legitimate under hindu succession act 1955 . Under Section 16 of this Act, these children can claim equal rights over the property as the children from the first marriage.

P. Venu (Expert) 26 July 2020
Yes, the children from the second marriage (though not lawful) are the legal heirs to the deceased. As already stated, the property is jointly vested with the first wife and children of the second wife. As such, it has been too hasty on your part to exclude her .

The viable option, in my understanding, is to file a suit for partition. The aspect of pending debts could be pleaded therein and, if proved, could be considered and included while drawing up the decree..

Guest (Querist) 26 July 2020
Thanks for yr suggestion Mr P. Venu sir.

Rajendra K Goyal (Expert) 26 July 2020
Children of second wife should contact a local lawyer and approach court for their right. Court is the place to get justice when opposite party is using political power.

Guest (Querist) 27 July 2020
The second wife have family member certificate.1st wife name doesn't not included in family member certificate, only second wife and her children names are included in it.