family property related
1 month ago
Dear Sir/Madam, My question is that my father had two wives both of them are deceased. And father is also dead....and I belong to first wife but my father transferred 5 acres farm property in 1980 in favor of second wife. Now I can legally inherit another mother's farm land. The said land is Self Accrued.
A.Dear Client,
In the event of both parents passing away without leaving a will for their self-acquired property, the Hindu Law of inheritance dictates that all surviving legal heirs are entitled to an equal share in the property. If you are the sole legal heir of your deceased parents, you inherit the entire self-acquired property left by your mother.
Regarding marriage, in the absence of a divorce decree from a competent court annulling a marriage, either spouse cannot enter into another marriage. Such a subsequent marriage, violating the conditions of Section 5(1) of the Hindu Marriage Act, 1955, is considered void under Section 11 of the Act. If your father marries a second time without annulling the first marriage, the children from the second marriage are considered illegitimate.
Under Section 16(3) of the Hindu Marriage Act, 1955, illegitimate children are entitled only to the property of their parents and not of any other relation. Initially, this was interpreted as granting rights only to the self-acquired property and not ancestral property. However, the Supreme Court, in the case of Revansiddappa & Others Versus Mallikarjuna & Others in 2011, clarified that illegitimate children have rights to both self-acquired and ancestral properties under the Hindu Marriage Act. The court ruled that they are entitled to a share in their parent's property, but in the case of joint family property, they cannot claim it independently.
In the event of both parents passing away without leaving a will for their self-acquired property, the Hindu Law of inheritance dictates that all surviving legal heirs are entitled to an equal share in the property. If you are the sole legal heir of your deceased parents, you inherit the entire self-acquired property left by your mother.
Regarding marriage, in the absence of a divorce decree from a competent court annulling a marriage, either spouse cannot enter into another marriage. Such a subsequent marriage, violating the conditions of Section 5(1) of the Hindu Marriage Act, 1955, is considered void under Section 11 of the Act. If your father marries a second time without annulling the first marriage, the children from the second marriage are considered illegitimate.
Under Section 16(3) of the Hindu Marriage Act, 1955, illegitimate children are entitled only to the property of their parents and not of any other relation. Initially, this was interpreted as granting rights only to the self-acquired property and not ancestral property. However, the Supreme Court, in the case of Revansiddappa & Others Versus Mallikarjuna & Others in 2011, clarified that illegitimate children have rights to both self-acquired and ancestral properties under the Hindu Marriage Act. The court ruled that they are entitled to a share in their parent's property, but in the case of joint family property, they cannot claim it independently.
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A.Dear Client,
In case both your father and mother passed away leaving their self-acquired property intestate, i.e, without any will, then all the surviving legal heirs of the deceased owners are entitled to an equal share in the said property as per the Hindu Law of inheritance. If you are the only legal heir of deceased parents, you are alone entitled to inherit the said self-acquired property of your left by your deceased mother. Further, in the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the condition of Sec.5(1) of the Hindu Marriage Act, 1955 and termed as void marriage as per Sec.11 of the Act. If your father married 2nd time without annulling the first one, then the children out of void marriage are considered illegitimate children. Section 16 (3) of the Hindu Marriage Act, 1955, governs the inheritance rights of illegitimate children. As per Section 16 (3), illegitimate children are 'only entitled to the property of their parents and not of any other relation'. This was interpreted as illegitimate children having the right to their parents’ self-acquired property and not ancestral property. The Supreme Court, however, held that illegitimate children have the right to their parent’s self-acquired as well as ancestral properties under the Hindu Marriage Act while giving its verdict in Revansiddappa & Others Versus Mallikarjuna & Others in 2011. The Supreme Court further ruled that illegitimate children would only be entitled to a share in their parent’s property, but in the case of joint family property, they cannot claim it on their own. Reach out to an Advocate for guidance and steps.
In case both your father and mother passed away leaving their self-acquired property intestate, i.e, without any will, then all the surviving legal heirs of the deceased owners are entitled to an equal share in the said property as per the Hindu Law of inheritance. If you are the only legal heir of deceased parents, you are alone entitled to inherit the said self-acquired property of your left by your deceased mother. Further, in the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the condition of Sec.5(1) of the Hindu Marriage Act, 1955 and termed as void marriage as per Sec.11 of the Act. If your father married 2nd time without annulling the first one, then the children out of void marriage are considered illegitimate children. Section 16 (3) of the Hindu Marriage Act, 1955, governs the inheritance rights of illegitimate children. As per Section 16 (3), illegitimate children are 'only entitled to the property of their parents and not of any other relation'. This was interpreted as illegitimate children having the right to their parents’ self-acquired property and not ancestral property. The Supreme Court, however, held that illegitimate children have the right to their parent’s self-acquired as well as ancestral properties under the Hindu Marriage Act while giving its verdict in Revansiddappa & Others Versus Mallikarjuna & Others in 2011. The Supreme Court further ruled that illegitimate children would only be entitled to a share in their parent’s property, but in the case of joint family property, they cannot claim it on their own. Reach out to an Advocate for guidance and steps.
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