Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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chandrakant singh (owner)     30 May 2012

Hindu succession act

my father expired in 1989 my mother is his first wife,my father married second lady in 1962.both are alive at present.my father had 3 son and 1 daughter from his second wife.I want to know does my father second wife has any right in my fathers property and ancesteral property and does  his children's from second  wife have any right in my father's property and my ancestral propert??we are myself one son and 3 sister's from first wife



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 5 Replies

Nitish Banka (lawyer)     30 May 2012

Since marraige happend after 1955 when HMA came into force.The second marraige is void and Wife from 2nd marraige will not get anything.

Illiegimate children are also entitled to inherit only from Father's property not from ancestral property.

 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     01 June 2012

The Supreme Court in Revanasiddappa & Anr. vs Mallikarjun & Ors. has examined the question whether an illegitimate child is entitled to a share in coparcenary property or his share is only limited to the self-acquired property of his parents under Section 16(3) of the Hindu Marriage Act? While examining the various judicial pronouncements on the subject the Court took a different view from earlier decisions and has accordingly referred the matter for reconsidered by a larger Bench of the Court:

 

Anyone focus on and inform latest position on law, including right of kept[second wife] and her children in ancestral property?? 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     01 June 2012

 

:SC  April 2011

 

In the instant case, Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral."

wait for gr

Adv Archana Deshmukh (Practicing Advocate)     01 June 2012

In Revanasiddappa & Anr. vs Mallikarjun & Ors. Hon'ble Bench was of the opinion that the matter should be reconsidered by a larger Bench and for that purpose the records of the case  will be placed before the Hon'ble the Chief Justice of India for constitution of a larger Bench.Till the referance bench pronounce its judgment, the position of law is that illegitimate children cannot succeed to the ancestral property of a male hindu.

Adv Archana Deshmukh (Practicing Advocate)     01 June 2012

As far as I know there is no other latest judgment on this point to change this position. Of course if anyone has came accross any  such new judgment then, plz do share on the forum.


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