Legal heir-Reg
Sai Lakshmi
(Querist) 27 December 2010
This query is : Resolved
Sir,
My friend's father had two daughters (my friend and her sister). Her father's legal wife is my friend's mother. He had married another woman also and a daughter. But my friend's mother expired when they were three years old. After my friend's mother expiry, my friend's father take care of my friend's family alone. Later on he does everything for my friend and her sister. The second wife settled in Kerala as she was a nurse she take care of her family and doesnt interrupt in my friend's family. Suddenly, my friend's father got cancer and fell sick. My friend and her husband alone takes care of him and does everything till his death. My friend's father died six years before. He had a house at Anna Nagar which he asked to divide between my friend and her sister. The same way my friend and her sister mutually agreed and settle among themselves. Now, the second wife is coming and asking for something. As no one know about this, i would like to clarify whether the second wife and her daughter have any possession to the property. Should my friend give anything to her. Since for the past thirty years they didnt involve in any of the family matter. Its a very big shock to us. What should we do? The legal heirship certificate tells that my friend and her sister alone are legal heirs. Will now the second wife and her daughter have the right to claim from my friend. Please clarify.
Devajyoti Barman
(Expert) 27 December 2010
From your query it is not clear as to whether her father had died intestate or not(means executed any Will or not). If he ahd executed any Will and bequeated hiis properties to any particular benefciaries then she alone is the owner of that property. If not then all his properties would equally divided amongst his legal heirs which include his second wife and children from his both marriages.
SANJAY GUPTA
(Expert) 28 December 2010
i an not agree with the expert, if your friends father didnt executed any will in that case your friend and her sister and the daughter of the second wife had the equal share in the property of your father. Second wife had no legal status to claim in the property of your frind's father.
Adv.Shine Thomas
(Expert) 28 December 2010
Second wife is not entitled to claim the property.Law says,legitimate and illegitimate children are equally entitled to claim their fether's property.
s.subramanian
(Expert) 28 December 2010
The query has not been understood at all. The second marriage takes place after the demise of the first wife. Then how can it become bigamous and illegal?. The second marriage is perfectly legal and valid. As such that wife is also entitled to a share in the property. All the three have to share equally. Just because the wife was away from the husband for a long time cannot disqualify her under any law.
Y V Vishweshwar Rao
(Expert) 28 December 2010
I agree with Mr Subramanian -
The Point whether the Second Marriage was after the death of First Wife or not - is not clear - if it is after death of First Wife - the Second Wife and Three Daughters are equally entitled to share - if father died intestate!
Kirti Kar Tripathi
(Expert) 28 December 2010
i also agree with Mr. Subramanian. The second marriage is perfectly legal and valid as it was performed after the death of first wife. She and her daughter is also class-I legal heirs under the law along with first wife's son and daughter. in case, the property is not ancestral (Self acquired property) and there exists any will of father bequeathing the same in favour of first wife's son and daughter, all the legal heirs have equal rights.
malipeddi jaggarao
(Expert) 28 December 2010
I agree withMr.Subramanian except for the penultimate sentence "All the three have to share equally". It is "All the four have to share equally", the second wife, your friend and her sister and the daughter of the second wife.
