Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Disha (Housewife)     01 May 2012

2nd wife's rights on property

Hi,

I got married to a man in June 2007. He already has a son and daughter. His wife died in March 2007.

My husband also died in April 2007. I have 2 sons from my previous husband. 

He has a bunglow in which his son lives with his wife. He gifted (registered deed) the house to his son. 

He bought the land in 2001 with his previous wife and then built the house on it.

Is there any chance I can get a share in that property. My husband and I are living in a rented house. I dont want to live when he has a house of his own.

Now that he has already transfered the property in his son's name, is there any way I can get a share in his property. 

My husband does not want to live with his son as they dont like me.

Any help in this regards is appreciated.

 

Thanks & Regards,

Naina



Learning

 13 Replies

Ranee....... (NA)     01 May 2012

You have no right in that property.What problem is there in living in rented place?

Tajobsindia (Senior Partner )     01 May 2012

@ Disha


+

 

@ Utpala a.k.a. Ranee.....


Here are eye openers for you (@ Ranee) with one request to you that is not to participate in giving Legal advise when you donot know Legal answers to queriest question(s) and never question queriest with prejudiced mind! Women like you may not like second wife concept but they exists world over from centuries so bear the concept read with needs of a man world over or go back to law school and re-read Law and then come here and place your alleged wisdom.

 


In a Hindu Family if the Hindu man dies intestate (i.e. without leaving any testamentary document such as a 'Will') then
all his widows get one share of the property each one of them get equal share of the one part the only condition here is that both marriages in question of the Hindu should be properly solemnized although his second marriage during the first wife living shall be considered Void however the right of the second wife/widow to share the property of her deceased husband with the first wife can not be denied by virtue of S. 10 / R 1 of the Hindu Succession Act,1956 which reads as:-

 

 

Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

 

Rule 1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

 

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

 

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

 

Rule 4.- The distribution of the share referred to in Rule 3-

 

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

 

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

 

 

Likewise all the children of the deceased Hindu borne by the first wife or the second wife shall have equal right in his property  (offcourse the case in hand is not this but as added discussion we are sharing this to keep @ Utapala a.k.a. kinda time passers eye opened while talking in Legal forums the next time) by virtue of this section as well S. 16 of the Hindu Marriage Act which gives legitimacy to the children born from marriage declared null and void or annulled by a decree of nullity, read this provision too:-  

 

Legitimacy of children of void and voidable, marriages.-

 

Where a decree of nullity is granted in respect of any marriage under S. 11 or S. 12, any child begotten or conceived before the decree is made who would have been the legitimate child of the parties to the marriage if it had been dissolved instead of having been declared null and void or annulled by a decree of nullity shall be deemed to be their legitimate child notwithstanding the decree of nullity :

 

Provided that nothing contained in this section shall be construed as conferring upon any child of a marriage which is declared null and void or annulled by a decree of nullity any rights in or to the property of any person other than the parents in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

 

 

@ Author, hope above reply rests your rights on your deceased husband's bungalow and what you need right now is a Advocate to sail your rights through the nuances of  law applicable in your case which has been said in shortest wordings above.

 

 

You will succeed as per above Law ir-respective what time passers like @ Utpala aka Ranee questions you publicly which is no once question worth eliciting an answer thereby.

2 Like

Anish Thakur 7018812737 (advocate)     01 May 2012

@ mr tajobsindia , sir you are also requested to read the query carefully before giving any reply as the queriest clearly saying that her husband had gisted that bunglow to her son thru gift deed.

 

@ disha

madam firstly i want to know some more facts about the property of your husband.

how much  property was in name of your husband including self made/acquired or copercenary share before he had made gift deed, as no person can gift more then 1/3rd of his property .

if you are legal wife then you and your children both have rights to get your shares from husbands propert and if you are not legal wife ,then your child is entitled to get share.

Ranee....... (NA)     01 May 2012

@Tajobsindia a.k.a. ____ Kumar

 

The author is saying about her second husband, not the deceased husband.

read the query before midnight;)


 

@ Author, hope above reply rests your rights on your deceased husband's bungalow and what you need right now is a Advocate to sail your rights through the nuances of  law applicable in your case which has been said in shortest wordings above.:D:D:D

OMG...OMG!!!!!!!!!!!!!!!!!!!!!!!!!! 

2 Like

(Guest)

Ranee sahiba, don't mind ...sirji is uner UMAR+EGO effect...will be now for next few days ;)


(Guest)
Originally posted by :Rajnikanth
"
Ranee sahiba, don't mind ...sirji is under UMAR+EGO+NIGHT effect...will be ok now for next few days 
"


Roshni B.. (For justice and dignity)     01 May 2012

@ rajni kanth,

 

please dont spoil this thread where learned people are advising.

 

because of flop villains like u who try to imitate film heroes like rajnikanth,intellectual advice by learned,wise pearls get sidetracked.behave yourself and have respect for senior lawyers here


(Guest)
Originally posted by :Roshni B..
"
@ rajni kanth,

 

please dont spoil this thread where learned people are advising.

 

because of flop villains like u who try to imitate film heroes like rajnikanth,intellectual advice by learned,wise pearls get sidetracked.behave yourself and have respect for senior lawyers here
"

chup!..Rajnikanth se punga...???????

uthake duniya ke bahar phenk dungaandheri

 

 

Tajobsindia (Senior Partner )     02 May 2012

@ Anish and Utpala


OK.


I graciously take back only the law points as I mis-read this query and thought the land + bungalow  to be of previous husband of @ Disha hence HSA and side mei HMA law points got mentioned.


Rest matters I stand by especially said about you (i.e. @ Utpala).


However thank you both for bringing fine prints to my notice.

 

Tajobsindia (Senior Partner )     02 May 2012

hmmmmmmmmmm


I seek withdrawal as in above last reply of mine and would rather wait for @ Disha to clarify on land + bungalow once again after reading my second posting!


I am sure atleast @ Anish may know that even SC says in a case law that withdrawing of withdrawal is allowed

:-)

Ranee....... (NA)     02 May 2012

Rest matters I stand by especially said about you (i.e. @ Utpala)

Tajobsindia, I think those words are more applicable to you also...because you adviced the querist without understanding the facts of the case which is very much harmful to a client and society as well..you are supposed to be one of the experts of the forum, if you behave like me who is weak in English,;) and with little knowledge of law time passing here tehn what is the use of your life long earned knowledge and experience?So dont keep poking us, concentrate on your own work.Though I am time passing here I am earning my own "ROTI KAPDA AUR (LIVING IN OWN) MAKAN" not from legal profession...so my light matter so much like yours one..

Ranee....... (NA)     02 May 2012

 

please read last sentence as..........so my light comment does not matter so much like yours one..

sorry of multiple posting

Tajobsindia (Senior Partner )     02 May 2012

Originally posted by :Ranee.......
" so my light comment does not matter so much like yours one.. "

 

Uff oh……..

 


WOW, thanks for noticing selfless ‘legal profession’ which is intellectually challenging
exciting, glamorous, fast-paced and brings results in much faster pace compared to any other profession under Bharat Ratna’s ;).

 


[BTW, ignorance of law (while making legal comments) be it in lighter vein is no excuse, even Hon’ble SC says so of which I also abide as being like you a adult person here.]
Reasoning:
Your early introduction before us was that of completed LLB hence we expect better even from you, strive for it ignoring womanly twinge for time pass………