Property
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
my father had 2 wives, he married first wife after few years first wife cannot conceive, he married again first Wives own sister that is my MOM. my father registered the property on first wife name and first wife and my father expired. my mom is the second wife all the property is on my first moms name will i have rights to register the property on my name
Devajyoti Barman
(Expert) 14 September 2011
After the transfer of the said property in her name , you no longer has any right of inheritance from her.
You being the illegitimate child, you can not inherit her property.
R.Ramachandran
(Expert) 14 September 2011
The property in the name of your father’s first wife will go to her husband’s (i.e. your father’s) legal heirs. You are the legal heir to your father. Therefore, you being the only child to your father, will get by way of inheritance the entire property left behind by your father’s first wife. After obtaining legal heir certificate, you can get the property mutated in your name.
Querist :
Anonymous
(Querist) 14 September 2011
hi sir
But my fathers first wife is expired and she has no issues
prabhakar singh
(Expert) 14 September 2011
i will go with Mr.Ramachandran who has correctly understood the facts and law applicable in my view.
perhaps Mr.Barman failed to take note of following words of author::............
"and first wife and my father expired. "
Querist :
Anonymous
(Querist) 14 September 2011
hi sir
my father and his first wife is expired and her own sister thats is second wife is alive and i am the second wife son will i have the rights to claim property or my mom has the rights please advise
R.Ramachandran
(Expert) 14 September 2011
Since your mother got married when the firt wife was alive, it is illegal and she has no recognition under law. Therefore, she is not entitled to get the property. It is only you, even though are an illegitimate child, who is entitled to inherit the property left behind by the first wife.
Querist :
Anonymous
(Querist) 14 September 2011
Hi Ramachandran
but my cousin who used to come to our house to study because his father was poor so my father used to pay fees for his education is claming that you dont have rights for the property.
Guest
(Expert) 14 September 2011
Is your cousin law qualified?
However, I agree with Shri Ramachandran.
Querist :
Anonymous
(Querist) 14 September 2011
hi sir
he has studied law but he is not practising he works in court as 1st dividion clerk
R.Ramachandran
(Expert) 14 September 2011
I respect your cousin's knowledge in law. Please ask him to quote the provision based on which he says that you are not eligible.
prabhakar singh
(Expert) 14 September 2011
Before telling you any thing else i do need to tell you you should be have a degree of behavior of addressing seniors.
What do you mean by "Hi Ramachandran" is he your friend or you were born in England??
ANY WAY LET YOUR COUSIN CRY ?? HE DOES NOT KNOW THE LAW.
YOU ARE ENTITLED TO INHERITANCES IN FOLLOWING WAY....................
3. Definitions and interpretations.......................................................................
(e) "full blood", "half blood" and "uterine blood"-
(i) two persons said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives,.....................
......................................................................................
(j) "related " means related by legitimate kinship:
PROVIDED that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly.
8. General rules of succession in the case of males.
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
THE SCHEDULE
HEIRS IN CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
NOW SINCE YOU ARE A SON AS PER DEFINITION GIVEN IN SECTION 3(e)read with proviso to (j)you are the only heir u/s 8(a)schedule class I because your fathers mother as well as your fathers legal widow(your moms sister already dead and your mom not a law full widow you are the only sharer as neither you have any more a brother or a sister at all.
HENCE LIVE PEACEFULLY WITH OUT GIVING EARS TO UNWANTED ADVISES.
Querist :
Anonymous
(Querist) 14 September 2011
hi sir
he also staying in the same house on ist floor which we also stay on ground floor. if i want him to vacate the house on what ground should i file a case in court.
Querist :
Anonymous
(Querist) 14 September 2011
hello sir
sorry for that
my cousin is telling that he will take stay on the property and the rent which i am collecting will go to the court
prabhakar singh
(Expert) 14 September 2011
SO HERE COMES THE FUN!11/09!!!!!!!!!!!!!!!!!!
HE IS PLAYING SMART OVER YOU AND YOU ARE PLAYING SMART OVER US.
LET HIM FIRST TAKE THE STAY.RETURN BACK FOR ADVISES WHEN HE HAS TAKEN HIS DESIRED STAY.
BUT ONLY UNDER THIS THREAD,NO FRESH THREAD.
Raj Kumar Makkad
(Expert) 14 September 2011
I completely agree with prabhakar singh and request my expert brothers to teach suc querists some lesson
