Property distribution between legal heirs of first wife and second wife
2 years ago
Me and my brother are born for my father 2nd wife, my father passed away last year January 14, 2020. My father 1st wife son and his sibblings are refusing to give our share of property to us. Please confirm we do have our rights to get our share right?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If you could tell me your religion, I'll be able to figure out what laws apply to your property divide. Also, whether or not your father legally divorced his first wife. Furthermore, we need to establish whether your mother and father were married legally. If you are a legal heir, you will be entitled to all of the property that is lawfully yours in any circumstance. Your lawyer will make a proper family tree and understand the position of succession you would fall under.
Thank you very much.
Kindly share your religion then I would be able to find out the law under which your property division would fall. Also whether your father had lawfully separated from the first wife or not. Furthermore, we have to know whether it was a legal union between your mother and father. In any case if you are a legal heir you will be entitled to all the property that is legally yours.
Thank you. Kindly rate the answer.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Dekhiye vaise to pahali wife ke hote hue dusri shadi kiya jaana hindues me savikar nhi hai. Kar bhi li gai hai to us se janme children najayaj honge. Second wife ko pati dwara chodi gai property me koi hissa nhi milega. Children father dwara chodi gai property me brabar ke hakdar honge.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Second marriage, during the subsistence of the first marriage, is illegal and then your mother will not get any share in your father's property but even then as per the verdict of the Supreme Court of India, the children born due to second marriage even if the marriage is null or void can claim father's property.
If after divorcing or after the demise of the first wife, your father had done the second marriage,then the second wife and her children are entitled to property right and in such case the property of your father devolved upon widow and all the children of the first and second marriages of your father.
In the present situation you have to give legal notice to the children of the first marriage of your father for partition of the property as well as for Declaration of shares through registered Partition Deed within stipulated period and in default Partition Suit requires to be filed in which at the first instance Status quo Order for not changing the nature and character of the property along with injunction against transferring of the property during the pendency of the Partition Suit will be given.
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You can ask for the property share from your father's property.
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