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Subramani (Farmer)     10 April 2024

Share of deceased first wife (without divorce) in husband's property

Sir and Madam
My father had two wives.

He married my mother as second wife (W2) while his first wife (W1) was alive. First wife (W1) had two children through my father - a Daughter (D1) and a Son (S1). He neither gave divorce nor money to the first wife while marrying W2. Son (S1) from the first wife is deceased but the daughter (D1)  is alive. The first wife (W1) left to her father's home in 1960s and died in the 1990s without any contact with her husband. First wife (W1) is a blood relative of my father.

Second wife (W2) also has two children through my father - both sons (S2 and S3). 

My father got the release deed from the first wife's daughter (D1) before her marriage in the late 1970s. The release deed was registered generally for movable and immovable properties without mentioning the total value of the property or total extent of the property or what is her portion of the property. It is a general release document saying that D1 releases her movable and immovable properties to her father in exchange for 1,000 rupees for her marriage.

My father died recently without partitioning the property to either his second wife (W2) or two sons (S2 and S3) from his second wife. He also left no will because we are his only sons. His first wife (W1) and daughter (D1) were not in contact with him. All properties are in the name of the father only.

After the death of the father, we received the death certificate with the name of the second wife (W2) as the first wife (W1) died earlier and was not in contact with him. When we applied for legal heir certificate, the first daughter (D1) suddenly came and asking for a share in the property. She is not allowing me (S2) and my brother (S3) to get a legal heir certificate without adding her name (D1) and her mother's name (W1). She says the release deed is not valid as our father died without using the release deed in his lifetime to transfer the properties on my mother (W1) or for the two sons (S2 and S3) or to others, and there is no schedule of properties in the release deed. She fights that the release deed is only valid for the lifetime of my father and is not transferable to the second wife (W2) or his sons (S2 and S3). 

At first, she claimed 1/3 of the property. The rest two portions are for me (S2) and my brother (S3). Now, she started claiming 2/4 of the property. One portion for her (D1) and another portion for her deceased mother (W1). The remaining 50% are for me (S2) and my brother (S3).

Is the first wife (W1) who was not living with her husband and died in her father's home eligible for a share in her husband's property? The ration card, Aadhar documents and death certificate of our father have only the name of the second wife (W2). What is the legal position with the property share for the deceased first wife (W1)? Is the daughter (D1) eligible for the share of her dead mother?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

The daughter from the first marriage is entitled for an equal share at par with other shareholders. 

Her deceased mother is not entitled for any share in the property because she  predeceased her husband 

Subramani (Farmer)     15 April 2024

Thank you sir

T. Kalaiselvan, Advocate (Advocate)     15 April 2024

You are welcome for your understanding. 

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