• Can second wife claim property

My grandfather i.e mothers father had a property, in his WILL he stated that" half of it i'm giving as a gift to my daughter and the rest to my children" . Now my granddad married my moms mom i.e my grandma and while she was still alive he had another women and she bore two boy child to my granddad. My mothers mom is first legal wife and she bore 3 children including my mom i.e 2 daughter and 1 son.
now granddad has passed away and my moms mom also.
the illegal second wife is alive her two children are currently occupying half of the property for 20 years other half my mom is occupied now my maternal uncle and my aunt want share but half brothers are not giving.
The half brothers say they claim right to half of the property ignoring my aunt and uncle, the property is registered still in my granddad and for 30 years no tax has been paid.
i know that illegal wife has no share but sons will get a small share ,so how does it work.also 2 wife grand children cannot claim property of grand dad? please elaborate, if illegal wife sons pay tax do they get ownership.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

The legal wife have nothing to do with the property at the husband as she is not legally wedded but any children burn out of this relationship have the right as legal children in the property of the deceased they can claim they say by a civil suit in case denied the share in the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

That 1/2 of the property which is not occupied by your mother, has to be shared between you aunt and uncle and the two brothers from the second wife.

Advise your aunt and uncle to file a suit for parttition to get the above 1/2 of the property divided into 4 parts by metes and bounds.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

1. The second wife has no share in the property of her husband, but the children born out of the relationship between your grandfather and the second woman are the biological children of your grandfather. So unless there is anything to the contrary stated in the will the expression 'children' would include all his biological children.

2. Half share goes to your mother, whereas the other half devolves on the siblings of your mom and two children born out of the second relationship of your grandfather.

3. Your mother can file a suit for partition to cull out her share in the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

the 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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1)mere payment of property taxes does not confer title to property

2) 50 per cent property would devolve on your mother as daughter and balance 50 per cent to his other children from first and second wife

3) your uncle and aunt have to file suit for partition for division of property by metes and bounds

4) grand children cannot claim share in property

5) apply for probate of grand father will

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Your r mother is absolute owner by testamentary succession, rest children will share equal parts in property,

File partition suit.

Grand children have no share. Mere paying tax dose not give any ownership right.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See in the case the will is made and it is clearly distributed in the will so the executor or the beneficiary has to file for the probate of the will. The grand children can only claim property if there fathers expire intestate otherwise they have no rights.

No paying tax doesn't confer the ownership.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The will staes "half of it i'm giving as a gift to my daughter and the rest to my children". Things are not clear since his daughter is also one of his children. Did your grandfather mentioned the name of his daughter being your mother as donee of 1/2 of his properties?

2. If yes, then she will be the owner of 1/2 of the entire property of your maternal grandfather and the remaining share will be divided amongst all his other children including the chgildren his illegal wife bore to him.

3. Your Uncle & Aunt shall have to file a partition suit claiming their shere from the balance 50% share of your grandfather's properties before the Court at the earliest duly avoiding limitation and adverse possession hurdles.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello,

File a partition suit for the same .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. the property distribution will be as per directions in the Will

2. as per the Will half property will go to his daughter (now whether that daughter is your mom or aunt, that will have to gathered from the reading of the Will)

3. other half will go the children i.e. son and daughter from first wife and 2 sons from second wife

4. thus half brothers of your mom have aggregate half share in the property as per the Will

5. grandchildren cannot claim anything as there is a Will. Even if there was no Will, grandchildren would not be legal heirs if children of deceased are living

6. mere payment of tax does not confer any ownership right to anybody

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

See they cannot claim adverse possession as since they also have right that is undivided on the property so no right against the owner is created secondly the time period is 14 years only for adverse possession time for private property is 20 years,.

See you are safe with your fifty percent share further the uncle denied share in other half can file a suit of partition the court will order to divide property by meats and bounds if not possible to sell and divide proceeds thereof.

Further uncle had right to file suit he has not exercise his right so no suit of harassment as such when there is a legal remedy why was he pleading.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

They cannot claim defence of adverse possession against family members

2) mother siblings should apply for probate of grand father will

3) file partition suit for division of property by metes and bounds

4) court would divide the property and of incapable of being divided direct property to be sold

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. Adverse Possession is not made out in this case as they are only co-owners of the property which is undivided.

2. The court would order the division of property through metes and bounds i.e physical division through a court commissioner.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) Here both wife's will get 50-50% share, if the property is owned by your grandfather himself than first it will get distributed as per WILL and among all sons.

2) If its ancestral property than all sons will have equal share and one more of your grandfather will be counted and than later your mother WILL be applicable in grandfather's share.

3) We need to know all mutation history and WILL deed.

If you require any further help can call me and can provide you partition draft on reasonable rates.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

The children of two wives are entitled for respective half shares of their respective mothers. In other words each mother is entitled for half share in respective of non-willed properties. Further the children of respective mothers shall share in the property fallen to the share of their respective mothers.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The children of your grandfather, which includes the children from first wife and the second wife are entitled to a legitimate share in the properties left behind by him.

If the Will is to be enforced, then your mother's share will not be touched, the other half may be divided among the other children.

If anyone is disputing the same then the other parties have to approach court of law with a suit for partition and separate possession .

The grandchildren are not entitled to any share during the lifetime of their respective parents

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hi sir

As per your question I can suggest you that a second wife and 1st wife children’s will have the equal share over the ancestral property of father as per Hindu succession Act you cannot curtail there rights... I can suggest you go for partition and share the properties as per there share...!

Sir, as per the recent judgment by the Hon’ble Supreme Court an adverse possession cannot be claimed by mere being in possession possession not by way of paying property tax... they have to prove their ownership.for further details call me

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1. Adverse possession can be claimed is a property is held in possession even illegally for more than 12 years against expressed unwillingness by its legal owners.

2. In the instant case, your Aunts had not expressed any unwillingness for their occupation. So, the the plea of adverse possession can be well challenged by your Aunts.

3. The court will make the partition of the suit propertry with the help of Court Commissioner.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer