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

Vasanth (Accountant)     03 November 2009

wife's right on Huband property.

Hello Sirs,

My cousin has diversed his first wife, and married second wife, First wife is living in his (husban's). own house separately (in separate portion of house) For first wife two doughters and are living with mother, It was decided by the court that marriage expenses of the Daughters is to be born by the father.

For second wife also he is having one daughter and no male baby.

Now the question is whether the daughter from the first wife has the right on his Ancestral land which came  from his father.?  now my cousin is selling some portion of the property to bear the expenses of daughter marriage(from first wife) 

Is there any way daughter or first wife can object this sale?

Please let me know.

Vasanth
9035479929

 



Learning

 15 Replies

Suchitra. S (Advocate)     03 November 2009

Vasanth ji, children of a father have property rights in the ancestral property of their father. He has to take consent of all the legal heirs before selling the ancestral property. Else, they can challenge the sale afterwards. Here, children of both the wives have rights over the ancestral property.

1 Like

Anish goyal (Advocate)     03 November 2009

Ancestral property can be sold by your cousin in legal necessity. Suchitra g is right in suggesting you to take consent of all. But m of the view that facts suggested by you shows that there exists a legal necessity. So even your cousin sell the property and disputed by other heir your cousin can take stand of legal necessity
1 Like

Anil Agrawal (Retired)     03 November 2009

 Why are you distinguishing between children of first wife and children of second wife. They are the children of the same father and have equal right in the father's property. It is as simple as that and there is no complication and doubt.

1 Like

Hemant Narayan Gokhale (Advocate)     04 November 2009

THere is no discrimination between the children of first and /or second wife as inlaw they are having equal rights over the property

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     04 November 2009

Mr.Anuish has guide you properly. So dont worry he can sold the land

Regards

adv.kamal.grover@gmail.com

Anil Agrawal (Retired)     04 November 2009

 I donot know what the concept of "legal necessity".

Suchitra. S (Advocate)     04 November 2009

Anil Sir, legal necessities for a karta of the family includenecessities at the time of distres and for the purpose of family commitments like marriage of daughters, upanayanam, shraddha etc. Under these circumstances he can alienate the joint family property.

1 Like

Vasanth (Accountant)     04 November 2009

Dear Sirs,

If the property is to be devided for all the daughters what is the ratio at which it has to be devided, 

Because, first wife has two children, and second wife has one chield. (he is expecting/awaiting for one or two children (expecting male baby) from second wife. now first (divorced ) wife is asking to divide property in the ration of 50% for first wife and her daughters, and another 50 % for second wife and her daughters/son. will it be correct?

 

Vasanth (Accountant)     04 November 2009

Dear Madam,

What could be done if first wife or daughter of frist wife are refuse/abject / oppose  to sell the part of the property.

 

Suchitra. S (Advocate)     04 November 2009

Vasanth ji, It is true that  as told by Anish ji the ancestral property can be sold for legal necessities and then if other legal heirs contest, he can take the defence that it was sold for the marriage purpose. But if you want to know about the property distribution, well it has to be distributed equally among all the legal heirs. I mean to say, whatever proerty father gets from his anscestral property, has to be equally divided among his legal heirs. It cant be divided taking into consideration how many kids each wife has. Each child should get equal share.

1 Like

Anil Agrawal (Retired)     04 November 2009

 Pray under what law?

Hemant Narayan Gokhale (Advocate)     07 November 2009

No, You must not confused between the children of first wife and second wife they have equal rights in law.

Anil Agrawal (Retired)     07 November 2009

 Children are not illegitimate. What is their fault?

Khaleel Ahmed (Legal Advisor)     23 November 2009

Ms.Suchitra advised well.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register