Right of property to children from 2nd wife

No rights for the children of  first wife over the property as the property is bought from the self earned money.

Mr.Kannan

in your question all the payments were made in the name of the Z only by MrX. You have not

mentioned in your question source of income of MrX to make payment to society on behalf of his second wife Z,

if Mr. X is payment made from the source of HUF income then the second wife childers also entitled to get shares of the deceased person. Moreover It is under stook that Z is only house wife. she is depent on her husband. You must clarifi yourself that source of income of the deceased. And also clarifie is there any will executed belongs the society property

Since it is said that the paymnets towards the site is out of the earnings of the husband alone and if the same can be proved to the satisfaction of the court then all the children including the widow form class one legal heirs and they may have equal share in the property.

Mr. X is a carpenter by profession. He used his own self earned income to apply for the site in the name of Mrs. Z. Mrs. Z at that time was house wife only.This is not HUF income. Can the children of Ist wife claim their share of the property?. Mr. X has not left any Will as such.

Originally posted by :Viswanath
"	Since it is said that the paymnets towards the site is out of the earnings of the husband alone and if the same can be proved to the satisfaction of the court then all the children including the widow form class one legal heirs and they may have equal share in the property.	"

 

1.  Opinion of Mr. Viswanath, is perfect and legally valid enough for  "ALL"  children to have equal rights over their biologial father's property.

 

2.  By law, the legal owner is the person who has paid for the property, out of his own personal owned and earned funds.  Property can be bought in anybodys name,  "for convience purposes"  (like authorising a POA holder to hold property in POA holders name  .OR.  in a nominee's name or whatever).    However this does not give rights & ownership title of the property to the proxy property holder.

OF COURSE,  subject to that the father (husband) should not have made a Gift Deed / Release deed / Reliquinshmentt deed in the mother (2nd wife's favour), in the life time of the father.

 

3.  However the above will have to be adjudicated with documentary evidence (like payment debited from father's account) in the court, to have an absolute rights, by  "ALL" the childrens on the father's property.

 

Conclusively, ALL the childrens (1st wife's children and 2nd wife's children)  have EQUAL rights of the property, purchased by their father with his own private funds, in the name of his 2nd wife.

 

Keep Smiling .... Hemant Agarwal

property purchase by x in the name of z from own poceket is a benami property and as per prohibtion of benami transtion act  there is presumtion if wife had no income then proprty deem x therefore ist class hear of x are entittled in eqal share