What should be done?
Querist :
Anonymous
(Querist) 19 August 2011
This query is : Resolved
A hindu man was married when he was 13 years to a girl older to him by 2 years,back in the year 1968.they have 3 sons thereafter.Then, that man came to Mumbai looking ahead for bright career.starts living here and work for big companies.falls in love with a girl, marries her without telling anything about his first wife.together they stay for 1 and a half year.then suddenly man's first wife jumps in as a relative(doesnot tell the truth and says that her husband has deserted her).stays with the couple for few days and return back to native place.later on, after few years,second wife realizes the truth.she gets her marriage registered.for 25 years,the second wife takes care of the children of the first wife,as her own.she builds the career of all the 3 sons.second wife has 2 daughters.sons have mentioned the name of the second wife as their mother in ration card, passports,etc.all the family,except the first wife stays in mumbai as one big family.
NOW....the real problem began,after the sad demise of the man.
1)first wife has started claiming for the rights in properties, company's share with her son and has sidlined the second wife and her daughters completely.
2)man had bought the properties in the name of 2 sons and second wife.some properties jointly held by him and his second wife.Can anyone claim in these properties
3)he made a will in the favour of his second wife for his shares in company which partners are not accepting
ajay sethi
(Expert) 19 August 2011
if he has made a will wherein he has bequeathed his property to his second wife
and the will has been made of his own free will , the second wife shall be entitled to property bequesthed to her in will .
she should apply for probate of will .
G. ARAVINTHAN
(Expert) 19 August 2011
What are the problems and what should be done?
Shastri J.K.
(Expert) 19 August 2011
I agree with mr. ajay sethi
Devajyoti Barman
(Expert) 19 August 2011
As far as the intestate succession is concerned the second wife has no right though the children out of it would inherit but only in the ancestral properties of the father.
Now if the husband has executed any valid Will and the same gets Probated then only the beneficiaries of the said Will get the befits irrespective of the natural rule of succession.
prabhakar singh
(Expert) 21 August 2011
1)first wife has started claiming for the rights in properties, company's share with her son and has sidlined the second wife and her daughters completely.
Answer:first wife can not side line sons and daughter, complication ,if any ,is limited to two wives only.
2)man had bought the properties in the name of 2 sons and second wife.some properties jointly held by him and his second wife.Can anyone claim in these properties
properties belonging exclusively in name of
2 sons and second wife can not be claimed by first wife.
IN properties jointly held by him and his second wife a claim against what he left can be made up to extend of 1/5 by first wife treating the second wife not entitled to inherit,rest of the 4/5 equally belongs to 2 sons and 2 daughters(1/5 each because of first wife.),either treated legitimate or illegitimate.
3)he made a will in the favour of his second wife for his shares in company which partners are not accepting
THIS is put as confusing.IF there is a company,existence of partners can not be there.Issuance of succession certificate by court will do away the problem and share certificates shall stand transferred in name of second wife if she success fully proves the will in court,as testator had capacity to testate with reference to shares earned by him from personal income.
AND if he(the deceased testator) was a PARTNER in a business of partnership firm,then admission of second wife as a partner in the partnership substituting
the testator will depend on the terms incorporated in thev PARTNERSHIP DEED MADE
BETWEEN DECEASED TESTATOR AND SURVIVING PARTNERS.
NEVER THE LESS,SUBJECT TO PROVE OF THE WILL ,THE SECOND WIFE HAS A EIGHT OF ACCOUNTING AGAINST THE SURVIVING PARTNERS.
AND LAST BUT NOT THE LEAST,a PROBATE or LETTER OF ADMINISTRATION MAY BE REQUIRED TO ENFORCE RIGHTS CONFERRED BY WILL AS THE WILL MIGHT HAVE BEEN MADE IN MUMBAI AND ALSO RELATES TO PROPERTIES IN MUMBAI.
NOW ABOUT STATUS OF TWO MARRIAGES.
Although 1st marriage was performed during minority of the male but rule of consent at then was enforced at that year being 1968,and no party attaining majority preferred to get it declare void by a decree of court,hence first marriage is valid marriage.
But properties of deceased will be inherited as dictated as dictated by him in his WILL,to those not mentioned in the WILL be distributed among first wife and 2 sons and 2 daughters equally 1/5th each.
