Property-assests distri 1st divorced and 2nd family children
InSearchJustice
(Querist) 21 May 2011
This query is : Resolved
Mr. X has only son (33 yrs) from first family and after legal divorce, only daughter (13 yrs) from second (current) family. Son is living with first wife. No property and assets were settled at the time of divorce with first wife.
Mr. X has died leaving no registered will at all and both the parties are in dispute over property and assests distribution. Currently son has no property in his name but is living in possession of the house owned by Mr. X since childhood (30 years approx). At the time of death Mr. X was living with second family. Mr. X owned land property at five different places and money in his savings and insurance policies.
Kindly suggest.
1. Who are the legal claimants of property and assests. 2. fair method of property and assests distribution so that each claimant should get his/her deserving share.
M/s. Y-not legal services
(Expert) 21 May 2011
First clear that, divorce mean mr.x got legal divorce or not?
M/s. Y-not legal services
(Expert) 21 May 2011
First clear that, divorce mean mr.x got legal divorce or not?
M/s. Y-not legal services
(Expert) 22 May 2011
If mr.x married the second wife after got the proper divorce from the first wife mean, the second wife also can be treated a legal wife.. Otherwise from the eyes of law, the second wife can't be treated as a legal wife. If both are legal wife mean here total heirs are 2 plus 2 total 4. All will get equal shares. Otherwise the first wife, son, and the second wife's via daughter, so those 3 only legal heir.. Those 3 heirs will get equal shares.
Guest
(Expert) 23 May 2011
Is second wife still alive?
InSearchJustice
(Querist) 24 May 2011
@PS Dhingra Yes, second wife is still alive.
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