Upgrad LLM

query


what are the rights of first and second wife as well as their respective children  in ancestral and husband owned  property if the first wife was never given divorce??

 
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practising Advocate

The second wife as well as her  off spring/childern will have no right to ancestral as well as husband owned property, if the first wife of the husband has not been given divorce.All right as legal heir shall vest in the first wife/childern from first legally wedded wife,against the ancestral as well as self owned property of the husband.

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

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

 

Shri Ajeet Singh Cheemaji:

It seems , Illegal children have same share in property of parents. 

As far as ancestral property, above SC judgement in April 2011 considering allowing illegal children also equal share  that of legal wife & legal children . 

Pl dig into . 


Total likes : 1 times

 
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21/06/2012

 

To,


Advocate High Court

Mumbai

SUBJECT : SOCIETY REDEVELOPMENT VIOLATING  CO-OP HSG SOCIETY GOVERMENT RULES,MAHARSHTRA

 

Dear Sir,

I would like to seek opinion from Learned lawyers in regard to redevelopment of housing society matter,


As our society has taken niece active to go ahead for redevelopment and 100% consent was given to the builder for development in front of the registrar. with due regal Process.


LOI was given to the builder but agreement was not sign as differences were to many and it took more than one and half year to come to some understanding points between the managing committee and the builders.
 
The members were given two draft for their approval the point which were so much disturbing in perception which did not have any head tale.
 
The development agreement was not in consonance with the tender invited for development agreement. plan till today was not displayed. the area mention in the agreement is not clear carpet area .the total fungible FSI which as per DC rule is not mention in the agreement.
 
Those opposing have opposed to the managing committee in weighting but the managing committee which are hand and glove with the builder are not replying any reply.
 
Those member opposing the agreement have seek advocates opinion which proves that the managing committee is corrupt.
 
What step should we take in order to save our houses and step to avoid litigation? and whom should we approach. which are the competent authority. like help and guide us.

Aggrieved Members
 Refinery View CHS ltd

Chembur,Mumbai-40074
E-mail : refineryviewscoiety@gmail.com

 
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