• Right of illegitimate child of second wife

Dear sir/madam,
 
Asking this question on behalf of my wife. My father in law has deceased without any will. My wife is the daughter from the first marriage and her mother is no more. Father in law's second wife has conceived a child during the period of his illness(bed ridden). We all suspect the child is not his. We want to legally share the property with the second wife but not give any separate part to the illegitimate child.
1) How will the property both movable and immovable be divided?
2) Can my wife legally proceed against the second wife for her shameful act of conceiving a 
child from another person?
3) Most of the property belonged to my wife's mother(first wife). Will that property come to my wife?
Kindly help us out. Thanking you
Asked 1 year ago in Property Law from Cuddalore, Tamil Nadu
Religion: Hindu
1. If the division of property is done on mutual consent then go for partition deed and register it.
2. Well, if her father married that lady with the child then nothing could be done. Moreover since her father is also dead then no case of adultery can also be filed. So she better keep the child out of this and divide the property keeping his second wife in mind.
3. Only her father's property is liable for inheritance to his second wife. The mother's property is liable to devolved upon your wife. However since her mother died before her father so her father and your wife inherited your mother in law's property in equal share.
So the second wife will get half share in your father in law's property which include the half share your father in law inherited from his first wife.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
1) your wife has to file suit for partition to claim her share in property on demise of her father 

2) the second wife would have equal share in property 

3) in suit it has to be stated  that the son of second wife has no share in property as he is the illegitimate son of second wife , 

4) on your mother in law demise her property would devolve on your father in law and your wife 

5) on father in law demise his share In your mother in law property would devolve on your wife and second wife of the father in law 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1) issue legal notice to second wife and file suit for partition of lands and the house 

2) obtain injunction restraining second wife from creating third party rights on the said property 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
Whether your father in law married his second  wife after the death f his first wife, if so,then  she is a legally wedded wife, however what you say about her pregnancy cannot be legally maintainable because  he husband was alive during the time of  her pregnancy and she can very well say that he only  impregnated her, until and  unless you have medical records or certificate to prove that he was incapacitated for the conjugal relationship at the  time when  she conceived a baby in her womb and also may seek for DNA test too.But that would more time  consuming and you may not be successful to prove that, resulting into losing entire thing including the opportunity to compromise the bargain in the property sharing.

1) How will the property both movable and immovable be divided?
As of now, the intestate property that belonged to your father will devolve equally on all his legal heirs including the child which is still considered his legitimate child and a proper legal heir.


2) Can my wife legally proceed against the second wife for her shameful act of conceiving a 
child from another person?

She has to prove that with the help of medical certificate evidence of her father on the lines discussed by me in the above paragraph.



3) Most of the property belonged to my wife's mother(first wife). Will that property come to my wife?

The property belonged to your wife's mother shall go exclusively to your wife being the only legal heir of her deceased mother, but her father's property shall be  shared by others also. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
In the meantime the second wife has already leased out the lands without any partition and solely occupying the family house. She is not ready to settle down amicably and trying to takeover all the land as my wife has moved out of the village with me. What should be our course of action?

Your wife should immediately file a partition suit seeking her share in the property and separate possession and also to file an application for interim injunction restraining her from alienating the property till the disposal of the suit, if she is not coming  forward for an amicable partition.




How about the debt of the father in law sir? How does it come in the share

If he had any debt and had pledged the  property for that purpose, it shall be discharged either by selling the property or somebody taking that responsibility and taking away the property in lieu.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
the liability of father in law will be divided in the same manner in which his share is divided among his legal heirs.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
1. On his death the property devolved equally on his children from from first and second marriage apart from his second wife. If you suspect that your deceased father-in-law was not the biological father of the child conceived by his second wife then you have to prove this in the court. Your wife can file a lawsuit for partition to cull out her share in the property of her father, which her step mother will be given an opportunity to contest.

2. In so far as the property owned by the deceased mother of your wife is concerned it has devolved equally on all her children. The second wife of your father-in-law has no share therein.

3. Since the lands have been leased out by the second wife without partition your wife can file a case for eviction of the lessee and also seek her share in the lands through partition.

4. The debt of your father can be enforced against the property which has devolved on his children.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Present situation the second wife has also right over your father in laws property.So both the movable and immovable property divided in 3 equal share(One share to illegitimate child also).

Your wife can file a case for partition and claim for 1/2 of the share .If she succeeded in proving the child is illegitimate she can get the same share other wise partition in to 3.

After the death of your mother in law, and father in law, the mother in laws property comes to your wife hand.She is the absolute owner of that property.

If the second wife is  not ready for Amicable settlement file a suit for partition. So send a legal notice .In the case of  debts of father in law , all the legal heirs are bound to pay the debt. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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