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seekinglegalcouncel (dasf)     09 February 2010

Please advice

My father has two properties , one is on his first wife's name and the other is in the name of self. Both the wives have bore him a male child each , my self and my brother. My mother is expired , and the step mother and father are alive. now which is the best possible way to share the properties. Both of them are sefl acquired , one is registered in the name of the first wife who is expired and is servived by my self and father , eventually my father remarried and out of that there is one son. What is the best way to share the property to avoid future litigations :-)


Learning

 6 Replies

sugandh (student)     09 February 2010

kindly mention whether u r a hindu...or a muslim...as laws of succession are diff in both the cases

sugandh (student)     09 February 2010

u will be inheriting the property which is in your fathers name right now (being his legal heir)..all d property will be equally distributed among the sons....incase he does not entitles u with the same...u can still claim a right over it....the court may give u ur share....!!

N.K.Assumi (Advocate)     09 February 2010

In case you are a Hindus, your case will be governed by Section 16 of the Hindu Marriage Act, there is no difference between children born out of the first marriage and the second marriage. All children whether 1st wife or 2nd wife will have equal rights in the property of the father. There is no first comer or last comer in this aspect.

You can also refer to the Judgment of the Supreme Court as reported in AIR 2000 SUPREME COURT 735 "Rameshwari Devi v. State of
Bihar" on this issue :

      "Under Section 16 of Hindu Marriage Act, children of void    
       marriage are legitimate. under the Hindu Succession Act, 1956 property of a male Hindu dying intestate devolve firstly on  heirs in Clause (1) which include widow and son. Among the widow and son, they all get shares. The second wife taken by deceased Government employee during subsistence cannot be  described a widow of deceased employee, their marriage void. Sons of the marriage between deceased employee and second wife being the legitimate sons of deceased would be entitled to the property of deceased employee in equal shares along with that of first wife and the sons born from the first  marriage. That being the legal position when Hindu male dies  intestate, the children of the deceased employee born out of  the second wedlock would be entitled to share in the family  pension and death-cum- retirement gratuity. The second wife was not entitled to anything and family pension would be admissible to minor children only till they attained  majority."

The same principles will apply to your cas

seekinglegalcouncel (dasf)     09 February 2010

Thanks for the reply , but how about the property which is in the name of the deceased (who happens to be the first wife and I being the lone son born by her) , in what way the second wifes son be concerned about this :-)

seekinglegalcouncel (dasf)     09 February 2010

Hindu

nautanki (None)     10 February 2010

Aap ke pitaji hi tay karenge ke unko kisko kitna property deneka hai. Unko bolo will banaye, jitna jaldi ho sake utna. Taki bhavisya me kuch locha na ho.

Na baap bada na bhaiya, guru, sabse bada rupaiya!!!


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