• Property Right of second wife after death of husband and his first wife

Hi,

My father passed 3 years ago, we came to know that he wasmarried earlier, but he has separated from her for more than 25 years. The first wife had doughter, who is married.
The first wife also died few months back.
My father has purchaaed a small land and built a house 17 years ago, in which me, my mother and my brother are living.

We want to reconstruct house in land what we have.
Please let me know the legal process for owenership change.

Also, confirm do we need to obtain any NOC from my sister.

Regards,
Shiva,
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Firslty, as per the information mentioned in the above query, makes it clear that you are children from the second marriage.

Secondly, a daughter is already there from the first marriage.

Thirdly, though it may not be necessary for you to obtain the NOC from your sister, and also if you wish then you may don’t have to reveal the same before the authority.

Fourhtly, problem would only come if you have a doubt that she may come and ask for her share.

Fifthly, otherwise if she doesn’t come then there may be no problem even if you don’t reveal of her truth being your sister from the first marriage of your father.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. The daughter born out of his first marriage has equal share in the house along with you and your brother and mother.

2. So if you build a house your step sister can claim her share in it.

3. If you want to sell it then also she can raise objection.

4. So to make three of you its sole owner get your sister make a gift deed in your names so there of it become its owner and she relinquishes her rights in it.

5. Mere NOC will not do.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

You may go ahead and get the reconstruction done,

If the daughter of the first wife is not in contact and there will be no problem to her later then you may get the ownership on the name of your mother.

Also, if she has the knowledge of the same then get a relinquishment deed from her.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The hindu law does not recognize a second marriage. Ty ye second marriage is void.

The property belonged to your father. He did not write a will. Therefore there would be 4 shares of the property. Your step sister and the three of you.

Therefore in case you want to transfer the property in your name...you have to obtain noc from her as she also has a share in your fathers father's property.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1) you have apply for mutation of house in name of legal heirs

2) enclose father death certificate

3) NOC of your step sister

4) it is better she executes relinquishment deed or gift deed

5) receipt of latest payment of property taxes bill

6) if no objections are received mutation would be done in your name , mother , brother name

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Second wife’s children’s right to father’s joint property

While children born of the second wife have right on their parent’s property, they do not have a direct right on the joint ancestral property, especially if the second marriage occurred without divorcing the first wife. The children are, however, understood to be legitimate and can be coparceners in father’s ancestral property if he dies intestate.

In recent case hearing in the Bombay High Court, where the father had married for a second time after ousting his first wife and her daughter, the court directed that they should receive their rightful share of property in the man’s ancestral property. Therefore, one-fourth of the land was shared between the first wife, her two married daughters and the man.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Since your father is reported to have died intestate the properties left behind by him shall devolve on all his legal heirs.

The legal heirs will include your step siblings.

In fact if he had married your mother without dissolving his marriage with his first wife then your mother may not be eligible for any share in his properties.

Hence it is better you may request your step siblings to execute a registered release deed relinquishing their rights in the property so that you can transfer the properties to your names.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

Dear,

Your father is separated from last 25 years, but he applied for divorce or

not that time. If not then they are legally married.

So in this property first wife and daughter right is also there.

You should approach them and ask them for execute gift deed in your favor

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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