Second wife Children rights over the properties

All judgments come from new type of cases. Its a human rights issue under Artice 51 of the Constitution. More and more judges are trying to make Directive principles of State Policy enforceable in the absence of cohesive and clean governments both in the Center and the States.

Note: The Supreme Court might take the view of Human Rights issues as quoted above.

Respected Sirs,

Thanks for the advises.

Could you also, please advise me, in this case, the property is ancient property and without any will etc. the Grandfather died and then after some time the father also died.

So, does it come like a Ancient property or Property of Father. As a secondwife children, will they get share in Ancient properties.

Please elaborate and advise the required.

Many thanks

Regards

Mahesh R Krishna

Hello Mr. Ramakrishna,

I feel sorry for you because the provisions of Hindu Succession Act does not permit a son born out of a second marriage a share in the ancestral properties.  From your query it is quite clear that the property is ancestral and as such, the first widow is also not having any right as per provisions of Hindu Succession Act for reasons that if a surviving wife inherits a property either from her husband or from her father-in-law and if the wife is not having any children, then the property devolves upon the heirs of her husband only.

L. Vinoba

Advocate,

Pondicherry.

Dear Mr. Ramakrishna,

First stop the practice of posting the same thread repeatedly in this Forum.

Further, while in the Expert area, you have mentioned the following fact:

During first son was in womb, Father gifted the property to his own mother (that is to Grand mother of son) to destroy the rights over property by coming sons. That is a 30 years son gifted the property to his own mother of age 65 years. And that too the property belongs to Grandfather and by virtue, it could come to Father, even then it was gifted illegally.

But the above fact was nor posted by you in this Forum.  Thus, if you hide some facts, you will only get wrong advice and will not suit the factual situation.

Await my answer in the Expert area.

 Respected Sir/Madam.

 I have a query on my grandfather property. My father is the only son of my grandfather first wife.

And My grandfather married one more women after My grandfather first wife.

 All the property is in my Grand pa name and my grandpa died last year,

I Need to know whether my Grandpa's  second wife and her children have any share  in property.

Dear Mr. Nagesh,

Since your grand father married another woman after the death of his first wife, the second wife is also a valid wife and the children born through her are all legitimate children. 

Therefore, on the death of your grand father, his second wife, and all his children including the son through the first wife are all legal heirs and are entitled to equal share in the property left behind by your grand father.