Second wife right on ancessetral property
Querist :
Anonymous
(Querist) 29 September 2011
This query is : Resolved
Hello Respected lawyers,
Would request you to go through the below and throw some light
Brief background
Grand father has agricultural land 50 km from Bangalore all property is from ancestors , nothing earned by him
Grand father married around 1947 and with his first wife had two sons (say 1w1s and 1w2s) and one daughter (1w1D)
Grand mother expired around 1970 (first wife of grand father ) and grand father wished to marry second time
The sons from first wife(1w1s and 1w2s ) both major agreed to marriage and hammered out an agreement in front of village elders dividing the land into two portion 1/2 to be given to be the second wife of my grand father as a maintenance and remaining 1/2 to be divided equally among two sons . all division was recorded in a letter and nothing is registered
Grand father married second time around 1975 had two daughters (2w1d and 2w2d) with second wife
All the sons and daughters of the grand father are married and all the grand children of the only the first wife are major
Grand father died in 2008
second wife of the grand father and her daughter enjoys 1/2 of the property
1w1s and 1w2s have other half and 1w1d has nothing
1w2s is missing from last 20 years
Actual question
1) Is the division legal considering nothing has been registered and also is it rightfully done especially the portion related to second wife of the grand father
2) The grand children of the first wife of the grand father who are major wants to sell the property but the second wife of the grand father is not accepting to this , how to sell their portion considering there is no legal division
3) Does 1w1d has any share in the property
4) How to solve this legally as the second wife of the grand father is not ready for amicable solution
thanks in advance
Sankaranarayanan
(Expert) 29 September 2011
As per your statement the properites are givne division before the village adalat , then what evidence you have that the division was held before them, if you have evidence then you have entitled .if the allocation and division are not been registered then only way to ammecably settle the matter, because the second marriage is legal as per law , after the first wife's death only he married the second with the permission of you all.
IF she is not willing to settle the matter ammecably then as per law you have entitle and full right to enjoy your share.
prabhakar singh
(Expert) 29 September 2011
1.The second marriage ,performed in 1975 after death of first in 1970,is legal.
2.As grand father died in 2008,and the partition made earlier is unregistered can not be called legal unless its language establishes that partition was arrived at and acted upon orally but latter a memorandum was reduced in writing for future reference.
3.All from first as well as from second would be treated coparcenary as grand father inherited it from his father.
4.At death of grandfather in 2008, coparcenary consisted of his 2 sons and 1 daughter from first wife and 2 daughters from his second wife totaling to 6 members including him,in which each one would be deemed to have 1/6 th share and the share 1/6 th of deceased grand father shall be divided equally among his class I heirs who are his present widow,her two daughters and two sons and one daughter from first wife.
5.So among all 6,the present widow will get 1/6 of 1/6[from share of her husband],and among others five each will get 1/6 his own coparcenary share + (1/6 of 1/6 form his fathers'share).
6. In case of buyer being ready,the property can be sold even without partition to the extent of respective share of an sharer as counted above [if not a residential house called dwelling in which parties are residing as the same may cause hardship to buyer in taking possession].
