share in property
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
Hi , I wanted to know about the property law among the sons of first wife and second wife in HINDU family. Here is the case - A married man (my father) who is not divorsed ,and having his two wife alive and before the death of that man (my father) has made a registered will in which he has given share to the son of both first and second wife in his property. that person(my father) is having 2 son from his first wife and 3 sons from his 2nd wife (we 3 brothers), but 1 son of second wife (my one real brother) is dead.now we two son of second wife are alive.
So this is the complete scenario and now my questions are ---
1) Are sons of 2nd wife are eligible for getting the propery share?
2) If yes , according to which laws or act ? this case is pending in court . because the son of first wife claimed that they have the only right to get that property...please tell me the laws to get my share. Please give me ruling of Supreme Court or any other rulings, for fighting in this case strongly in court. I am waiting for your response. Thanks
R.Ramachandran
(Expert) 13 July 2011
If it is the self-earned property of your father, then you will get the property as per the WILL.
If it the self-earned property of your father, Even without the WILL, the children of the second wife will get equal share.
If it is ancestral property, then from the share falling to your father's portion (1/3rd), all of you i.e. the sons from the first wife and sons from the second wife will get your share as per the WILL.
Advocate Rajkumarlaxman
(Expert) 13 July 2011
all have equal share in the property. And share are based as per Hindu Succession Act
Querist :
Anonymous
(Querist) 14 July 2011
please can u provide any ruling of supreme court in regarding this case
Vijay Badgujar, Advocate.
(Expert) 14 July 2011
As per Hindu Laws second marriage is not recognized in cases where first marriage is not legally divorced. In your case you have to prove he same.
