rights of step brother in agri land


In this case a Man (A) had wife alive and he married to second wife. Now first wife had two son and one daughter before her husband's second marriage. After second marriage second wife has one boy and one daughter. Now in present first wife and Man A is died. Man A has a Property of 5 ekar agricultural land and house, So in this case how much share in agri land one can have for first wife two sons and step brother? Is there any rights of second wife in property? Please share the laws guidance for this type property share.
 
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subregistrar/supdt.(retired)

All the legal heirs (all brothers and sisters including stepbrothers and sisters) have equal right over the properties.

 
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Advocate

Yes, the property is jointly vested with the surviving wife and all the children. Not only the sons, but the daughters also have equal right.

 
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Retired Manager

Yes I agree with the opinion already given by Experts.
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : sagar navale
In this case a Man (A) had wife alive and he married to second wife. Now first wife had two son and one daughter before her husband's second marriage. After second marriage second wife has one boy and one daughter. Now in present first wife and Man A is died. Man A has a Property of 5 ekar agricultural land and house, So in this case how much share in agri land one can have for first wife two sons and step brother? Is there any rights of second wife in property? Please share the laws guidance for this type property share.

 

1. ALL Legitimate or illegitimate Children of Man (A) shall legally have EQUAL stake /right in their Father's property. Here  non of the Children can be denied their Share of Property, PROVIDED Father has not executed a WILL to the contrary.

2. Second Hindu wife is illegitimate wife, hence will not have any stake /right in the so called Husband's property.

3. Both the above are upheld in several HC /SC judgments.  Google and Find  .OR. consult a local lawyer for specific requirements.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


Total likes : 3 times

 
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Advocate

Thanks, Mr. Hemant Agarwal for highlighting the fact that the second marriage, from the facts stated, had been during the currency of the first marriage and hence amounted to bigamy. If so, the step mother has no share in the property.

I am sorry for the lapse. I am grateful to Mr. Agarwal for enabling me to correct myself.


Total likes : 1 times

 
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Retired employee.

First wife is also having a right for a share in her husband's property, and as she is not living, her share can be divided among her 3 children.Toal 6 shares First wife + FWC +SW2c and First wife share in between her three children


Total likes : 2 times

 
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Advocate

Yes, the first wife also a share if the husband had predeceased her. But the facts posted provide no definite confirmation.
 
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Lawyer

I agree and appreciate the acumen and advise of Mr. Hemant Agarwal.

All children ( from first wife & second lady have equal share in intestate property of A, whereas lady (Second) shall not have any share being a void marriage.

 
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Mr. Hemant Agrawal and G.L.N Prasad many thanks for your response, much appreciated. Could you please help me to know how much % share should be their for first wife individually and to her children's. Please also clarify the % share of second wife children's.
 
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