Sir/ Madam, My friend recently died without making any Will. He has ancestral properties as well as self acquired property. He has legally divorced his first wife a few years ago and with the first wife they have a son (around 35 years old). He remarried subsequently, but but the second wife do not have any son or daughter. My question is whether the son of the first wife (legally divorced) has any right over property, wither ancestral of self acquired or both. Thanking you, Raj Kumar Roy
Hello,
First we should understand that divorce is only between husband and wife there is no provision added for kid. Though first wife or second wife he is the legal heir and has all the rights vested in ancestral property of the deceased person also in the self earned property of the deceased person.
Yes, the son from first wife has property rights on the properties left behind by your friend.
He has a stake both in the ancestral property and in the self acquired property.
Yes the son is biological child and true legal heir of the person so divorce won't effect there relation he will have claim to share of both ancestral and self earned property.
Yes he have along with his first wife if she had not married again. In short all will get equal share
1) on demise of your friend his son and second wife would inherit his properties
1. Yes as per the provisions of the succession act, the son from the first wife will have right on the properties that belongs to his father.
He will have right on ancestral property and if the father passes away without the will then on the self acquired property also.
Regards
1) Yes the son has legally rights in ancestral and self acquired property if not made any WILL.
Ancestral property's WILL couldn't be made, by birth the powers of rights are inherited on ancestral property by birth.
Yes son has a right on the ancestral property by birth and can claim the same but he has no right on self acquired property of his father.
Dear Client,
By divorce, status of being son of MR. X do not cease, and son has inheritable right in father`s personal property until not disinherited by father.
Son have equal share in father1s property along with second wife i.e. 1/2 each. No right on first Wife.
Also, son have equal right in ancestral property along with other legal heirs. ( Father`s side )
Hi,
Divorce does not conceals the right of a legitimate child.
Even after the divorce you have full right as a son and have all the right on the properties of your father whether ancestral or self acquired.
Even your father can not deprive you from the rights in the ancestral property by any way as you have the right since you are born to that family.
Just go ahead and claim what ever property is left by your father.
In case of self acquired property, a father who is governed by mitakshara law has absolute power of disposition over self-acquired property and no exception can be taken by his male descendants.
In the case of ancestral property, a son acquires right by birth.
As per S.10; rule 2 of the succesion act, the surviving sons and daughters will each have one share in the property. However, the divorced wife will not be entitled for any such share. After dissolution of marriage, the erstwhile marital status of the spouse changes as ex-husband and wife, however, the sons and daughters do not. They will continue to enjoy the beneficial interest of suriving and deceased father.
1. Subsequent to the intestate death of your friend, his first wife's children, in the instant case, his divorced first wife's son will also be a valid legal heir along with your deceased friend's second wife in the self acquired property.
2. In respect of ancestral property, the deceased person's divorced first wife's son will be the legal heir of his late father's ancestral property.
1. Ancestral property is defined by law differently than what people ordinarily understand. If title of the property remains same for 4 generations, then only it is called ancestral property. Property inherited from parents is called inherited property.
2. However, both his second wife nor his son from the 1st wife will have equal share on the property of your friend who has died intestate provided his mother is no more.
Your friend divorced only his wife and not the son hence the son is legally and rightfully entitled to an equal share in his deceased father's properties left behind by him upon his intestate death as his legal heir or successor in interest.
He along with his step mother are entitled to an equal and legitimate share in the property left behind by the deceased, as a right.
Sir
The relationship between the son and father does not depend on the marital status of the father (Whether divorced or not). Son have always every right to inherit the property of the deceased father. Son is the class-I heir as per the proviso of the Hindu Law.
Thanks
On the dissolution of marriage the relationship between husband and wife ceases to exist, not between parents and children. Hence, if he died intestate then his property has devolved through succession on his son from from first marriage and second wife equally.
Dear Sir,
The rights of divorced wife are protected if she has not received any alimony on behalf of her son. Second wife and son of first wife have equal rights.
He has right on both properties ancestral and self acquired.
Yes son from the first wife has full rights as legal heir over the property of his father.
