• Rights of 1st wife and 2nd wife and their children

Namste Experts,
I am the son of first wife of my father (W1) and am the one and only child (age 34). Within 6 months my mother gave birth to me, father had left both w1 and me without legal separation. Since then my mother has raised me by staying with grand mother and as of today my father had not given any sort of support. My father is married to second wife (W2) has 2 sons and 2 daughters. My father has recently (3years back) received the property from his father who is still alive but bedridden and memory loss due to age. 
1. What legal rights my mother (w1) and I have
2. How to claim the legal share now
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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17 Answers

1. Still you have no legal right on the property father is sole owner of the property as gifted as it is not ancestral property. there is no legal right in the life of the father. Mother can demand maintenance form the father.

2. You cannot claim the share as disposed by Grandfather, further in case the property is ancestral joint hindu family property then in that case you can claim the share in the property by filing the partition deed,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. None, unless he dies interestate, i.e. without executing will.

2. You can't claim any share in this property during the lifetime of your father. Only once he dies intestate, you'll have a stake in this property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If it's ancestral property and not self acquired property of your grandfather then you can file a suit for partition and claim share in property. But in case it's self acquired property of your grandfather then he has right to dispose off his property as he likes and you both won't have any right on property. Clarify whether your grandfather received it as ancestral property or it's his self acquired property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. You and your mother can claim your share in the property, as the marriage is the valid marriage and you are the legitimate son out of the said wedlock.

2. File a suit for partition of the property and thereupon claim your share, though it will be a difficult task but give it a chance.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Daughter in law (your mother) has no right on the properties of parents in law, 2. She does not even have any right on the property of her husband during his ilfe time.

Under Hindu Law, wife has the right to her husband’s property after his death or after divorce..

If the property is ancestral, son have the right over the property. For the property to be ancestral, it has either to be inherited by the father from his father i.e. the grand father after his death or the grandfather, in his life time, have partitioned the property. But, if the father has got the property from grandfather as a gift, it will not be considered as ancestral property.

If the property is self acquired of father, father as every right over his property to execute sale deed or gift deed to any one. After his death children inherit the same.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You, your mother, your father's second wife and her children will get equal share in property belonging to your father after death if he have not prepared any will. If will is prepared then the property will go to the person whom will favours.

You can right now claim share in your grandfather's property if it was not passed through gift or sale. If it is passed to your fatger through your grandfather thriugh gift or sale then you cannot claim any right. And even if it is not passed through this way then also only you can claim the share and not your mother. Your mother can claim share only in your father:'s property after his dearh if he dies intestate.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You have no share in property inherited by your father from his parents

2) if your father died intestate you and your mother would have equal share in property

3) your mother can claim maintenance from her husband

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Your mother should file application under section 125 cr pcseek maintenance from her husband

2) ti pressurise husband she can file case of bigamy against him under section 494 of IPC

3) also file DV case seek alternative accommodation from husband, maintenance, compensation for mental torture undergone by her

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Please note that the first wife of your father has all the rights as a wife and she can claim maintenance till the time he is alive she will have no rights in the property during the life of her husband.

The children of second wife will have equal rights like you and like legitimate child but their mother will have no right

The property sold one year back you can file a petition for cancellation of sale deed as that is ancestral property and that can be sold only after the no objection certificate from the legal hairs

You can file a petition for partition of property acquired from your grandfather by your father and he cannot sell any property without the permission as discussed above from legal Heirs

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir mother can file an application for 125 Crpc asking maintenance from the father in life she as well as you have no property right.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can file a suit for partition claiming your due share in the ancestral property of your father.

2. Now it is too late to file any case for bigamy against him considering his medical condition .

3. Your mother could have filed a case for maintenance against him but it is not clear why she chose not to do so.

4. In the partition suit you can seek setting aside of the sale if the same was part of the ancestral property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Under Hindu Law, wife has the right to her husband’s property after his death or after divorce..

The husband is responsible under Section 125 CrPC to maintain wife if she is unable to maintain herself.

You can move an appropriate petition in the family court of your district, under Section 125 CrPC.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You can lodge a bigamy case against him and file a maintenance petition through your mother. Secondly since property has devolved to him it becomes his self acquired property now and if he dies without leaving will you can claim a share and if he has already bequeathed the property to other children and wife the only option left is to file maintenance for your mother and if he fails to give maintenance get property attached that are in his name.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear sir,

You can get entire property if you struggles because 2nd marriage is not valid when marriage with your mother not legally ended. Your mother can file any number of cases against your father. First take attachment of all the properties so that your father do not execute sale deeds,gift deeds or release deeds in favor of second wife and her children or third parties. The only requirement is you must prove Ist marriage of your mother with your father. Even you can file bigamy case against him.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Neither you nor your mother nor your father's second wife or her children are entitled to any share in the proeprty acquired by your father or inherited from his father.

Both the self acquired and inherited properties shall become your father's own and absolute proeprty, in =which nobody can claim any share in it as a right, not at least during his lifetime.

2. Therefore you do not have any right in it hence you cannot claim any share in it legally.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

As told you in the previous post, you cannot claim anything legally from im at least not during his lifetime, it would be a waste exercise to initiate any legal action agaisnt him in this regard.

Your mother can file a maintenance case against him under section 125 cr.p.c. to put pressure on him.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

File a suit for partition and claim your share in the property.

You have all the rights on the said property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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