1.Even though my father is in favor of w2 and her childrens, how much court shall order to pay him(w1's son) considering 3 sons of w2.
In the ancestral property (if proved), the son of first wife can seek partition and separate share out of the share of his father and not beyond that. The father can settle his entire self acquired properties in favor of his children born out of his second wife without allotting any share to the son of first wife.
2. As My father is aged 65+. Is my fathers opinion written on bond(what we call as WILL) will be helpfull. Till now my father has not done any WILL's.
Your father may execute a Will in favor of anyone or more than one person of his choice bequeathing his self acquired moveable or immoveable properties besides his own share of property out of the ancestral properties.
Don't know how to ask this but I am focused on my question. When the person who has two wives dies then only first wife son's name will get attached to property or second wifes children's name.
Not at all, the self acquired property may devolve on all his legal heirs if the owner dies intestate.
Here WILL can play any role in enrollment of name.1.Even though my father is in favor of w2 and her childrens, how much court shall order to pay him(w1's son) considering 3 sons of w2.
2. As My father is aged 65+. Is my fathers opinion written on bond(what we call as WILL) will be helpfull. Till now my father has not done any WILL's.
Don't know how to ask this but I am focused on my question. When the person who has two wives dies then only first wife son's name will get attached to property or second wifes children's name.
Here WILL can play any role in enrollment of name.
Even though he filed a petition he is purpusely delaying in fear that my fathers statements will get recorded as case gets started.( its my assumption)
3. I heard that second marriage in Hindu is not legal. Does it mean, children's of the second wife don't have equal rights as first wife son?
A Will may assume importance only with regard to self acquired properties.
Even though he filed a petition he is purpusely delaying in fear that my fathers statements will get recorded as case gets started.( its my assumption)
No comments
3. I heard that second marriage in Hindu is not legal. Does it mean, children's of the second wife don't have equal rights as first wife son?
Though the solemnisation of second marriage during the existence of first marriage is invalid, the children born out of such marriage cannot be illegitimate children. Such children have equal rights towards the self acquired property of their father along with his other class I legal heirs. His second wife may not have any rights in the property that have been left intestate by the husband.