Share in property

venkatesh Rao (Querist) 09 May 2011 This query is : Resolved
Esteemed experts,
My father had 2 wives. My mother is 2nd of them. There is one son from I wife and 2 sons and 3 daughters from II wife.I am the last daughter of II wife.
My father diedin 2000 intestate. He has some self aquired property. II wife is alive with his only son.
Now II wife has got all the properties transferred to her name. She says she will givw some amount gratutiously.
What is the legal share available to me? Can I protest and file a suit in the court of law?

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R.Ramachandran (Expert) 09 May 2011
You have not indicated (1) whether the second wife is a legally wedded wife or not; (2) whether the first wife is alive or not (3) whether the first's wife's son is alive or not (4) you say that second wife is alive with her only son. Though you said that the second wife had two sons and three daughters. What happened to the other son and other daughers?

If the second wife is legally wedded wife, then all the legal heirs of the deceased i.e. first wife, first wife's son, second wife, and all the son(s) and daughter(s) of the second wife will be entitled to equal share in the property. If any one of them have not got, then they can file a suit claiming their respective share.

s.subramanian (Expert) 09 May 2011
If you are Hindus,then even the children born of void marriages like the present one,which is a second marriage are entitled to succeed to the self acquired properties of the deceased father.Sec.16 of the Hindu marriages Act,1955 confers such a right on the children born of such void marriages. You are certainly entitled to a share even if the second marriage is void also.