Murthy (efgh) 09 March 2012

Children's claim on father's self acquired property

My sister and her husband worked in a public sector firm and with thier earnings, they purchased a site and constructed a house all in his name around 1975. They have two daughters and one son all born before 1970, who are married in 1984, 1997 and 1999 respectively.

Later on, my sister and her husband got divorced in 1998, wherein my sister was forced for a mutual consented divorce, that too, without any claim on the property or alimony from him. Subsequently, he married another lady in 2004. He didn't have any children through his second wife.

Last month, he passed away suddenly, and we are not aware whether he made any will or not. His second wife was not open for any talks on the property, claiming that that's all her personal matters and that no one should interefere in her matters. She even claimed that the property was transferred to her name about a year and half ago, but was not agreeable to show the transfer deed.

Now, the questions are

(a) whether the transfer, which my brotherinlaw's second wife claims to have happened, is legal, since it was not consented by neigher of his major daughters nor his major son.

(b) whether my sister's daughters and son can claim share in the property

(c) what is the procedure to see that my sister's hard earned property is passed to her daughters and son, but not whisked by away by my brotherinlaw's second wife.

Prompt reply appreciated.

Thanks.

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5 Replies

niranjan (civil practice) 09 March 2012

You should have mentioned in whose name the properyty is ? Assuming that in husband's name in that case first wife children are equal sharers in the property if not transferred by valid document in fa vour of second wife.If the property was in husband's name he was absolute owner of the property and so therewas no need for getting approval from their major children at the time of transfer.Since your sister is divorced,she cannot claim but children can surely claim their sharers.Your sister could have taken steps to get her half share in the property when her husband was alive.I think children should file suit for partition of the property and get their shares.

Murthy (efgh) 09 March 2012

Dear Mr.Niranjan,

Thanks for your reply. The property was in my sister's husband's name only. Can u pls clarify, if in case the property had been transferred to his second wife through a registered deed, whether my sister's children can still claim for share and under what basis.

Thanks again.

Advocate Bhartesh goyal (advocate) 10 March 2012

If the questioned property was in husband's name and he transfered that property in his life period to his second wife then no question arise to children to claim share in that property. He was absolute owner of that property and he had every right to transfer the property in his life.If the property has not been transfered by husband then husband's children have right to claim their share in that property.

I.S.Roy,Advocate (Advocate) 12 April 2012

Dear Sir

Property was in husband's name and he transfered that property in his life period to his second wife then no question arise to children to claim share in that property. He was absolute owner of that property and he had every right to transfer the property in his life.