Kamal (AM-Logistic) 03 October 2013
Dear Sir,
I have 3 different questions ??
1. If a Man dies. What are the rights of Son of first deceased wife & second wife & her son in ownership property ??
2. If he pocessed a tenency commercial property before death. can a second wife sell it without taking consent of his first son from his earlier deceased wife ??
Pls reply i need this help AEAP.
Regards
Kamlesh Kothari
T. Kalaiselvan, Advocate (Advocate) 03 October 2013
Kamal,
The son of predeceased first wife along with the present widow and her children together form legal heirs of the deceased male and all are conferred with equal rights over the intestate property of the deceased. The widow has got no right to sell the legitimate shares of other legal heirs of her husband. You can file a partition suit along with an application for injunction restraining your step mother and her men agents from alienating or encumbering your share of property until the disposal of the suit.
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