The property of your mother belongs to her children and nobody else. This is the law.
Regards
Whether the second wife claim the property of first wifes property?
My mother purchased a house property in her name. She died leaving three children. After her death my father married a second woman and got two children. Now my father also died. Whether the seconf wife and her children claim share in my mothers property saying that the property was bought by father only in the name of my mother. Any Supreme court judgement for a case like this or High court judgement.
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
what was source of funds for purchase of proeprty by mother ?
2) if it was bought out of funds from father then second wife and her children can file suit for partition to claim share in property
After her death, her property inherited in children and husband equally i.e. 1/4th share each. And after father`s intestate death, his 1/4th share will inherit in his children (3 + ) and living spouse.
No, second wife can't ask share in the first wife's purchased property.
Yes, but she can ask share in the husband share that also in 25% of property and in that 25% all of you will have share in it. So she and her children may be entitled for 10% and not more than that.
If it's brought only in the name of your first mother. She will not have any rights in the same.
Is this an on going case?
Depends upon the evidence relied on by her.
Regards
G.Rajaganapathy
High Court of Madras
- As per law, the second wife shall be entitled to have a share in all the properties both movable and immovable of the deceased husband if he dies intestate namely without making any Will.
- But , she has no right over the self acquired/purchased property of first wife. After the death of mother , her legal heirs (husband, son and daughter) will be owner of the property.
second wife and children's has no share in said property.
No they cannot claim share from the property.
But they can only ask share from property which your father would have inherited as legal heir of your mother.
See on demise of mother the proeprty of mother shall be divided equally in 4 parts that is her three children and husband .
On intestate demise of father his share in that proeprty along other properties shall divide in all his children and wife equally so they will have share to that extent only as proeprty in mother's name.
Also if mother bought it then it is self acquired proeprty and there claim is non maintainable.
1. On the demise of your mother, assuming she died intestate, her property devolved through intestate succession on your father and his 3 children.
2. Neither second wife of your father nor children born out of the second wedlock have any share in the property of your mother.
3. No judgment is required. The law itself is very clear.
1. AFTER demise of First Wife, the Husband & 3 Children would inherit the deceased's property in EQUAL share (subject to no WILL document).
2. Hence Husband becomes the 1/4 share owner of the deceased's property, which now would be classified as "self-acquired" property (irrespective of who financed the property purchase).
3. The Second Wife & her Two children and the Three children from the First wife, would inherit the deceased Fathers aforementioned 1/4 share, in EQUAL share (subject to no WILL document). Means said 1/4 share shall be divided equally between 6 persons, under the provisions of the Hindu Succession Act.
Your deceased father is also one of the legal heirs of your deceased mother, hence his share shall be distributed among his own legal heirs i.e., among you three and your step mother and her two children.
This is the position of law, for which no citation is required.
- As per the information mentioned in the present query, makes it clear that the property was bought by your mother and in her name only and it is immaterial as to from whose money, it was bought, but what matter is the name on the property paper.
- As per Hindu Succession Act, the property of your mother should have gone to you three only.
- But, as the father is no more, children from other wife can’t take the benefit of his share.
- He has married to second woman and from there onwards he seized to be the beneficiary of any property of your mother.
After your mother's death, her estate would devolve upon her husband and her children in equal measure, if she had not left any Will. As your father survived your mother, his share of your mother's property shall devolve upon all his legal heirs, including the children of his first wife, his second wife (if legally re-married), and her children, again in equal measure.
