Civil Procedure Code (CPC)

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Property rights of a children born to first husband

Querist : Anonymous (Querist) 24 July 2021 This query is : Resolved 
Mr A after the demise of his first wife he got married another woman B (60 years) the widow of C who was having already two male children settled in different counters. After the Marriage Mr A purchased property in the name of his second wife as his wife. Subsequently she died. The Children born to her first husband claims the property of their mother who her second husband purchased. whether is it permissible
Dr J C Vashista (Expert) 25 July 2021
The property was purchased in the name of second wife accordingly legal representative of titleholder (second wife in the instant case) will be entitled to succeed her intestate property.

LRs of first wife do not have any claim /share in the property.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.
Advocate Bhartesh goyal (Expert) 25 July 2021
Yes, property purchased in name of second wife who became absolute owner of property and she died intestate so property rights devolve to her legal heir .First wife children have no right over the property and cannot claim any share.
Querist : Anonymous (Querist) 25 July 2021
thank you goyal jee,
she died without children to her second husband. the surviving children are born to from her first husband. the second wife after her second marriage obtained the name her second husband and the property is also purchased in her name as the wife of second husband. when she died without issues to second husband, the property whether it will go to the family of her husband ?
Advocate Bhartesh goyal (Expert) 25 July 2021
Property rights devolve to second wife's husband and her children from first husband.
Querist : Anonymous (Querist) 25 July 2021
thank you very much for your kind attention, but as per sec 15 (2) of the Hindu Succession Act says that the property goes to her husband's heirs
K Rajasekharan (Expert) 25 July 2021
The Section 15 (2) of the Hindu Succession Act does not have any application in this matter, as the lady B died intestate has other legal heirs already.

If the deceased lady B has two sons, now staying abroad, born during her wedlock with C, and her surviving second husband, those three are her legal heirs. Each one of those legal heirs will get one share each in the intestate property of the deceased lady B.

The deceased lady B owns the property even if it is purchased by someone’s money. So, the succession law pertaining to her only will apply in this case.

That who facilitated the purchase of the property or who paid the money is an immaterial fact in this case. But the material fact is who owns the property as per the property records as on the date of her death.

This answer is based on what I understood from the query which has some lack of clarity.



P. Venu (Expert) 26 July 2021
Had C died before A? Is A alive at present?


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