About alimony status in 1955
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
Respected Sir,
My grandfather had two wives. To first one he gave alimony (potagi) of rs 8 per month at about period of 1955-1958. After that she had a son at 1961. In this period alimony was continue. so kindly tell me has he any right on my grandfather's property or his second wife's property legally? We have some receipts of alimony of 1959 and please, give me any judgment document related this kind of case if you can. My father is dead before 2 months and now he is pressuring us for separation so Please help me.
Thanks in Advance.
R.Ramachandran
(Expert) 10 September 2011
You say your grand father gave alimony to his first wife in 1955. Do you mean that he divorced his first wife?
If the first wife was divorced - did she remarry? Otherwise, where from she got the son in the year 1961?
You have to come our clearly on facts, if you want appropriate answer to your query.
prabhakar singh
(Expert) 10 September 2011
Mr. Ramachandran!
In fact the questioner is not aware of the word alimony yet he has used it.he has meant to convey us that after second marriage,his grad father was paying rs. 8/=per month to his wife as her Potagi.After which a son was born to her in 1961.hence i prefer to reply,the author.
Dear Anonymous!
you are mistaken in your thinking that since potagi was being paid to first wife she or his son shall stand deprived of their share in properties left by your grand father.
The first wife (if alive)as well as her son both have right to inherit the properties left by your grand father.
And the second marriage,if solemnized,after 1955 hindu marriage Act then it is this marriage that is illegal and the second lady is not entitled to inherit any property of your grand father.
However if this second marriage was solemnized before the Hindu Marriage Act 1955 was passed both first and second will inherit your grand father properties.
As regards to your last question,it is made clear that properties that are owned by the second wife in her own name can NOT be claimed by the son of the first wife.
your question is answered but details of share can be decided only when you provide full facts as desired by learned expert Mr. Ramachandran.
Querist :
Anonymous
(Querist) 11 September 2011
Thanks sir,
I am giving you full details as follows.
My Grand father's name was mr. Satishrao who has two wives first one is Shilabai.
Shilabai had two sons before alimony Mr. Ajay and Mr. Atul.
Grand father wants to make second marriage so he gave alimony to Shilabai.
Second wife's Name was Hemlata. Satishrao gave the second son to Hemlata.
First son Ajay want to live with his mother Shilabai.
Mr. Satishrao has two properties one is H.No. 2052 and another is H.No. 2053.
2052 was owned by Satishrao and 2053 is owned by Hemlata.
This all happens at about 1955 to 1960. In 1961 Shilabai had son named Ramesh from Satishrao.
Ajay,Ramesh and Shilabai lived in 2052 and Atul,Hemlata & Satishrao lived in 2053.
Hemlata had no any child.
Now Mr.Ajay,Shilabai,Hemlata,Satishrao & Atul all are dead.
Now Situation is as
Mr. Satishrao gave property of 2052 to Mr. Ajay only by making affidavit of rs 100
But Ramesh raised four names on this 2052 i.e. Ajay,Ramesh,Shilabai & Atul.
Then Ajay raised his name to 2053 by Will of Hemlata. But Ramesh made appeal to court to raise his and Atul’s name to 2053.
Property card of 2053 was originally owned by Hemlata Satishrao Dhobale now it is on the name of Mr. Ajay From last One year. And mr. Ajay is maintaining the all taxes and dues from last 20 years.
Does Ramesh has right to make this appeal as his birth is after alimony and
So Please Help me.
Thanking You.
Querist :
Anonymous
(Querist) 11 September 2011
Does Ramesh has right to make this appeal as his birth is after alimony and He has made appeal on basis that the Will of Hemlata is not legal. Has Ramesh any right to claim the right of any property of mr. Satishrao and Hemalata?
Thanking You.
prabhakar singh
(Expert) 11 September 2011
"so facts about properties are that 2052 was owned by Satishrao &2053 owned by Hemlata(she had no issue).Mr. Ajay and Mr. Atul(born between1955-60)and in1961 Shilabai had son named Ramesh from Satishrao.
Now Mr.Ajay,Shilabai,Hemlata,Satishrao & Atul all are dead."(collected from your own information)BUT
You still lack in not telling facts as required. 1)in which year Satishrao died and
2)in which year Shilabai died and
3)in which year Mr. Ajay died
and 4)in which year Mr. Atul died.
and 5)has Atul &left their widows
and sons and daughter (if yes then their details).
Any way arrangement made by Mr. Satishrao gave property of 2052 to Mr. Ajay only by making affidavit of Rs. 100 was not a valid document.
Therefore if Mr. Satishrao died first then his property would be inherited in accordance with law by all the 3ree Mr. Ajay and Mr. Atul and Mr. Ramesh if alive at the time of death of Mr. Satishrao .
As regards to property no 2053 in name of
Hemlata ,as she was owner she had right to give it to any one but you yourself say that Will of Hemlata was in name of Atul
failed.
In absence of a will of Hemlata even her house no 2053 shall be shared equally by all 3ree sons Mr. Ajay and Mr. Atul and Mr. Ramesh if alive at the time of death of Hemlata .
If your sole motive is to know that Ramesh has a share or not in both 2052&2053
then my answer is that he has equal share as neither Mr. Satishrao nor Hemlata could dispose it during their life time by any valid deed.Ramesh has at present 1/3 in both 2052 and 2053 and mere potagi payment
made to his mother by his father can not deprived of his right of succession recognized by law.
Querist :
Anonymous
(Querist) 11 September 2011
Thanks sir,
Hemlata died at 1990, Satishrao died in 1996, Atul died in 1999, Shilabai died in 2005, and Ajay died last month.
Now 2053 property is on the name of Mr. Ajay Since Last year. But ramesh wants to remove this single name and to raise three names i.e. their widows & sons. If so then is there any way to avoid it.
Thanks Again.
Querist :
Anonymous
(Querist) 11 September 2011
But ramesh wants to remove this single name and to raise three names i.e. of Ajay,Atul & Ramesh.
