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Partho Biswas (Proprietor)     28 April 2012

Right of deprived illegitimate second wife and son

Dear all,

My mother was my dad's second wife. He passed away 7 Years back (in 2005). My father's first wife (married in 1972) was my mother's own elder sister... she have three daughters (all married).  My father married my mom in the year 1982 without giving divorce to his first wife. I am the only son (unmarried) from the second marrige. Now both the widows and I are living in the same house. The First wife and her daughters wants to sell the house/ property and take their share. Unofficially second wife and her son are living in the first floor and the first wife is living in the ground floor. Do the second wife and her son have any right over the property. What legal action can I take if I am not willing to sell the property now?

P.S. - First wife and her daughters are constantly harrasing us since last 7 years. 

Please help me out. I am ready to share the property with them but I need few years time.

Please help.



Learning

 8 Replies


(Guest)

You have an equal share in the property but your mother doesn't have any share in it. The first wife and her daughters are entitled to an equal share in the property in the absence of a will being made by your father in respect of the same. They are free to sell their share just as you can seek partition of the property and sell your share.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh.

1 Like

Partho Biswas (Proprietor)     28 April 2012

Thanks for the reply Sir.

The first wife and her daughters want to break down the whole house. Can they do so without my consent?

Sankaranarayanan (Advocate)     28 April 2012

yes you have leagal right if the property is self accuired by your decesed father, but  your mother have no legal right on it, so file according that ground .

1 Like

Deepak Nair (lawyer)     28 April 2012

You have equal right on the property as that if your sisters and father's first wife. But your mother have no right on the property as the second marriage has no validity in the eyes of law. You are eligible for 1/5 share of the property.

They cannot dispose off the property without your consent unless and until the property is partitioned.

1 Like

Partho Biswas (Proprietor)     28 April 2012

Heartly thanks to all of you... its been a great help. I am very much relieved now. 

Deepak Nair (lawyer)     28 April 2012

Always welcome deaer. Never mind.

Partho Biswas (Proprietor)     30 April 2012

I am sorry if I am wrong... coz I don't have any knowledge of law... but can my mother claim share under Section 10 in The Hindu Succession Act, 1956??


(Guest)

No, she cannot.


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