• Property rights of legally wedded second wife and their kids

Mrs. Lakshmi married to Mr. Ramadass after the death of his first wife. Mr. Ramadass have 1 son and 1 daughter with first wife and 6 children to second wife. Mr. Ramadass died now only the Mrs. Lakshmi is living. Mr. Ramadass have self earned properties. How the partition to be made whether all the children and Mrs. Lakshmi will have equal rights over the property.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

1. Assuming that Mr. Ramdas died intestate (without executing a WILL), then the property would devolve equally to a Son and a daughter from 1st wife, Mrs. Lakshmi and her 6 children.

2. In the instant case, 1/9th share each to all the legal heirs.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Yes lakhshmi and all other children will have equal rights in the same

Prashant Nayak
Advocate, Mumbai
34591 Answers
249 Consultations

On demise of her husband second wife has one ninth share in his property 

 

Second wife amdall children have equal share in property 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Yes the 8 children and living wife of Mr. Ramdas shall have equal share in all movable and immovable properties of Mr. Ramdas. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

All the children of 1st wife and 2nd wife have equal rights in the self acquired properties of their father. You contact me for the purpose of filing a Partition Suit before civil court in Bangalore. 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

1. Children 2nd Wife of Ramadass, shall be legally entitled to EQUAL share in property of Ramadass, PROVIDED ramadass has not left any WILL.

2. Children of Lakshmi shall not be entitled to property of Ramadass.  However Children of Lakshmi shall be entitled to Property of their biological Father.

3. Children of Lakshmi shall be entitled to EQUAL share of property of their Mother (Lakshmi), AFTER Lakshmi has received her Share from her 2nd Husband's (Ramadass) property.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The property that belonged to Mr. Ramadass shall devolve equally on all his legal heirs consisting of nine legal heirs upon his intestate death. hence the children of first and second wife along with the second wife are entitled to one ninth share in the proeprty equally. 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

All have 1/9th share each in all properties. If mutual partition not possible than have to file partition suit in court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

all legal heirs have an equal right to the property. Class I heirs have the first right and these include the widow, daughters and sons, among others. Each heir is entitled to one part of the property.

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

Yes his wife and all children will inherit equal share from properties of deceased Mr Ramadass as they are all legal heirs of deceased  

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

The principle is that first the property must be divided into two shares one for first wife (deceased) and second for second wife. Their respective children will share in the property fallen to their respective mothers.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

All 8 children alongwith Mrs. Lakshmi have equal share in the property left by Late Mr. Ramadass, i.e., 1/9th share each.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Thw second marriage is perfectly legal and the second wife and her kids have equal rights in the property along with the 1st wife's children.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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