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bbratnam (nill)     26 November 2016

Ancestral property dispute between children of two wifes

Dear experts,

My father got separated (without divorce) due to some disputes from an women and two children before 30 years and married my mother. That time he doesn't have even signle property / rupee on his name.

Since then he was staying with us and he earned some properties (all are self acquired). We have all the documents to prove ours as a family. The documents such as Ration Card, Aadhar Card, Voter card etc. were with our address. My mother also there in that ration card as his wife. We even enjoying the benefits of all the properties earned by our father. 

A month before my father was deceased with heart problem. We obtained Death certificate and even Family member certificate from competent authorities.

Post my father's death during the sale of our grandfather's property we gave share to the son of first wife's. Then he even signed on a 50 Rupees stamp paper by promising that they won't make any further claims on my father's properties.


Now we heard that they are planning to file a civil suit for getting share in our properties. Hence, The question is 

1. Whether they (my father's first wife & children) have any right to claim share from our properties?
2. Whether the stamp paper signed by first wife's son by promising no claim will useful for us?
3. What we supposed to do in this situation. Please provide any useful suggestions.

Thanks in advance.



Learning

 5 Replies

Kumar Doab (FIN)     26 November 2016

It is believed that you are Hindu.

Confirm!

You have confirmed that the estate of your father is self acquired.

His ClassI legal heirs that includes all sons and daughters have equal share.

The legal hier can relinquish/release in any one's favor by valid/registered deed.

Registered Family Agreement  is another option.

 

The said stamp paper on Rs.50/ does not seem to be either of these.

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     26 November 2016

If your father has not left any will, then his self acquired property will be devolved on legal heirs, his mother (your parental grand-mother if she is alive, his first wife, his children through first wife and his children through second wife, i.e., your mother.   Second wife does not have right in that property.  But if you contest that first marriage has never happened, then first wife does not have any right and your mother will have right of her share.  Stamp paper does not preclude him to claim his right on your father's property. 

Ms.Usha Kapoor (CEO)     26 November 2016

The signed  Rs.50 stamp duty paper that he will not claim anything in future is not legally valid.your mother  s 2nd wife or mistres doesn't have any right over your father's property. All you children including 2nd wife children considred by law as legitimate have eqal share in the property.If you  appreciate this answer please convey my forum thanks by clicking thanks.1st wife has  a share in the property  but not second wife.

laxmi kant joshi (instructor)     26 November 2016

If your father had died without making his will then the legal heir of your father are his first wife ,her children , second wife children they all will get equal share in his property, your mother i.e his second wife will not get any share in his property. You can use the stamp paper on the counter of their claim .

Kumar Doab (FIN)     26 November 2016

Avoid litigation and share equally.

Registered family agreement can be a good option.


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