Kamal (AM-Logistic) 22 August 2013

Hi

Dear Sir/Madam,

1. If after death of Father ( Hindu by religion ), who has one A property (100% - OwnerShip) + B Property ( Joint ownersip betweeen Father + Son from first wife - Ownership Basis ). The Second wife has one Son. How does the distribution takes place. Who holds what legal position/Share ??

2. Can Society of Property A transfer the flat in the name of second wife without NOC from son of first wife. even though she is a nominee?? Doesn't she requires to get successcion from Honourable High Court ? The

3. Can a possession U/S 145 CRPC be demanded in case of Tenency property /Shop if misquoted in application as Ownership property ?

4. Can a Society of Property B transfer 100% Share in the name of Joint owner in share Certificate.

5. What about Bank SB A/c funds of deceased Father, where there is no nominee. Who holds what rights /Share ?

6. If second wife was earlier married abroad and not taken divorce ( PS NOTE : only relatives are proofs, no Documental proof available ) . What action/court proceedings can be taken against her ?

Regards

Kamal

Reply Follow

3 Replies

Ranee....... (NA) 22 August 2013

equal share of whole property minus second wife's share in the flat between two son.

T. Kalaiselvan, Advocate (Advocate) 07 October 2013

1) A property will go the entire legal heirs of the deceased and the B property's half share will go the entire legal heirs while the the other half will remain with the co owner;

2) A society can transfer the A property to the nominee provided there is no dispute or rival claim, in case of a rival claim, the society may call for a succession certificate.

3) Mere waste of time to discuss on this issue because this is a civil matter and dispute also is of civil nature;

4) and 5) The answer is given in 2) above.

6) The subsistence of a marriage of the second wife with some body at the time of marrying your father has to be proved with substantial and authentic evidences, if proved, she stands losing her claim as a legal heir for the fact that her subsequent marriage with your father while her subsisting marriage with some one was not divorced as on that date, her subsequent marriage becomes null and void hence she cannot claim her status as wife of your father thus lost all her rights as a legal heir to the deceased, however, her son has a right over the property as a legal heir of your father, with the status as a son born through a concubine.

1 Like