Ravi kumar prajapati (CA Final student) 07 April 2017

Divison of property in case of 2 wifes having childrens

Dear Professionals,

Kindly Advise me regardin property divison of hindu person having 2 wifes alive having childrens. in the following cases :

1. if a 2 wifes (with out any divorce) are alives with their childrens & the husband dies without making the will..??

2. if a person make the will / Power off attorney in favour of second wife childrens then die..??

3. Can first wife childrens Challenge the will / Power off attorney of his father after the death of father..? and what are the chances of winning the cases if will is made in favour of second wife childrens..?

4. If a Married Child (Child of First wife & Second wife) having kids signs the affidavits or agreement that he or his kids or his wife have no rights in the property of his father's self acquired property (for which father has also made the will) and ancestral property to avoid disputes with step brothers is enforcebal in law or not..??

Kindly Advise.

Thanks in Advance..

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3 Replies

Kumar Doab (FIN) 07 April 2017

2nd wife is not eligible.

The children from 2nd wife are eligible.

Kumar Doab (FIN) 07 April 2017

POA may be dead with death of Principle.Show the POA to your own counsle specializing in succession/property/civil matters at your location.

If the property is self acquired and WILL is valid then it can be submitted to be acted upon.

Any POA/WILL can be contested.If contested WILL lands up in probate court of pecuniary jurisdiction and decision on merits/facts/validity…………….is pleasure of court o flaw.

Kumar Doab (FIN) 07 April 2017

The WILL comes into effect after death of testator.

It is mandatory to probate the WILL in presidential towns: Chennai, Kolkota,Mumbai.

If it is not mandatory to probate the WILL then it is submitted to authority under whose jurisdiction property falls as per procedure of Testate Succession.

At that time NOC by legal heirs may be acceptable per procedure of authority.

Relinquishment/gift/sale/registered family agreement etc are other options.