• Property distribution in case of two wives

Hi 

My husband has two wives, second being me and very recently first wife passed away.

Both of us have son each. My husband purchase a property 10 years back and the property was registered in both wives name.

As per law does the property now belongs to me alone. or does the second wife son has equal right on the same.

Please help.
Asked 7 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

Hello,

As per the law the son of the first wife will have equal share in the property.

Also you may please note that you being the second wife will not be entitled legally to any share. However your son ill be eligible. This has been held by the Apex Court. Reference of the case can be seen at : http://www.thehindu.com/todays-paper/tp-national/Second-wifersquos-children-not-herself-entitled-to-property-apex-court/article15155341.ece

Regards

Correct me if I am factually wrong.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Upon the death of first wife, her 50% stake in this property has devolved equally upon her surviving son and husband. Thus, you still continue to own 50% of this property only, as was case the case before her death too.

Thus, her son and your husband have equal share in her 1/2 share in this property.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Mam, if the property was registered in both of your name, then after the death of the 1st wife her share in the property will be transferred to her son's name.

May my reply helps your query.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

1) second wife son would inherit her share in property

2) you would not be absolute owner of property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Hi, the share of the first wife gets transferd to his son as per Hindu succession act .. He is the owner of her mothers share in the property

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

the property stands in the name of two ladies. both of you are owners in equal share of the property. so in case of death of one, her legal heirs will get that share, i.e your husband,if alive, and her children. your son has no right to that share.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

When you are admitting that the property was purchased in both (Wives) the names, you both became undivided owners of that property. On the death of the First Wife intestate her son inherits her estate as Undivided Owner along with you.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

you are the 2nd wife of your husband right ! but you forgot to tell whether your husband is alive or dead?....and the property purchased by your husband had been registered in both your name and the 1st wife's name. As per the facts given, you and the 1st wife were co-owners of such property and since 1st wife died, you only became the sole owner because the property was not an ancestral property.

Mayank Srivastava
Advocate, Allahabad
61 Answers
18 Consultations

If this property was purchased by your husband and he is living then neither you nor anyone can claim any rights in the property during his lifetime.

If he is not living then all is legal heirs i.e., the children of first wife and yourself along with your own kids are eligible for a legitimate share in the property equally.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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