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Surya kkkkk (software engineer)     19 February 2014

Right of husband/2nd wife childern on property of 1st wife

Hi Sir,

Parties:

My Father 1st Wife=No children,No diverse
My Father 2nd Wife=As 3 sons.I am son of 2nd wife

NOTE: My father buyed  property in name of 1st wife on 1980 at which Benami Transactions (Prohibition) Act, 1988 is not with retrospective effect [Husband is govt employee and 1st wife id house wife].1st wife don't have children so remarried.

Question 1:Does My Father have right on that his 1st wife's prich operty .

Question 2:Does 2nd wife or 2nd wife children have right on my father's 1st wife's property .

 

Thanks alot.



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     19 February 2014

For Quest No 1: the property will devolve upon him after her wife, Quest no 2: Second wife is not eligible for any share, but her sons and daughters are eligible for a share in their fathers property.

Surya kkkkk (software engineer)     19 February 2014

Thanks for your reply sir.

So property was purchased even before Benami Transactions (Prohibition) Act, 1988 came in to force.

1] So Can Husband/sons file case on his 1st wife so that she cant sell the propery like status co

2]So Can Husband/sons file declarative suite saying that this property is buyed by his salary and 1st wife can't sell the property and property oweners being his sons

T. Kalaiselvan, Advocate (Advocate)     19 February 2014

Question 1:Does My Father have right on that his 1st wife's prich operty

.No not during her life time.

 

Question 2:Does 2nd wife or 2nd wife children have right on my father's 1st wife's property .

NO;

1] So Can Husband/sons file case on his 1st wife so that she cant sell the propery like status co

No, neither her husband nor her husband's sons have any right over the property, they cannot file any suit against her seeking share in the property or to restrict her from selling/alienating the property.

2]So Can Husband/sons file declarative suite saying that this property is buyed by his salary and 1st wife can't sell the property and property oweners being his sons:

No, since it is her own property, nobody has any right in it.


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