Upgrad LLM

wife's right on huband property.


Hello Sirs,

My cousin has diversed his first wife, and married second wife, First wife is living in his (husban's). own house separately (in separate portion of house) For first wife two doughters and are living with mother, It was decided by the court that marriage expenses of the Daughters is to be born by the father.

For second wife also he is having one daughter and no male baby.

Now the question is whether the daughter from the first wife has the right on his Ancestral land which came  from his father.?  now my cousin is selling some portion of the property to bear the expenses of daughter marriage(from first wife) 

Is there any way daughter or first wife can object this sale?

Please let me know.

Vasanth
9035479929

 

 
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Advocate

Vasanth ji, children of a father have property rights in the ancestral property of their father. He has to take consent of all the legal heirs before selling the ancestral property. Else, they can challenge the sale afterwards. Here, children of both the wives have rights over the ancestral property.


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Advocate

Ancestral property can be sold by your cousin in legal necessity. Suchitra g is right in suggesting you to take consent of all. But m of the view that facts suggested by you shows that there exists a legal necessity. So even your cousin sell the property and disputed by other heir your cousin can take stand of legal necessity

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Retired

 Why are you distinguishing between children of first wife and children of second wife. They are the children of the same father and have equal right in the father's property. It is as simple as that and there is no complication and doubt.


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THere is no discrimination between the children of first and /or second wife as inlaw they are having equal rights over the property

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Mr.Anuish has guide you properly. So dont worry he can sold the land

Regards

adv.kamal.grover@gmail.com

 
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Retired

 I donot know what the concept of "legal necessity".

 
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Advocate

Anil Sir, legal necessities for a karta of the family includenecessities at the time of distres and for the purpose of family commitments like marriage of daughters, upanayanam, shraddha etc. Under these circumstances he can alienate the joint family property.


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Dear Sirs,

If the property is to be devided for all the daughters what is the ratio at which it has to be devided, 

Because, first wife has two children, and second wife has one chield. (he is expecting/awaiting for one or two children (expecting male baby) from second wife. now first (divorced ) wife is asking to divide property in the ration of 50% for first wife and her daughters, and another 50 % for second wife and her daughters/son. will it be correct?

 

 
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Dear Madam,

What could be done if first wife or daughter of frist wife are refuse/abject / oppose  to sell the part of the property.

 

 
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