• Inheritance of property of first wife

A  Hindu male father has a property registered by sale deed in the name of his deceased first wife. He has two major children from the first wife. He has married subsequently and has two major children with his second wife. The father is still living in this property with his second wife.
case a) If the father wants to sell the property, what should he do?
case b) If the father is dead, who will inherit the property?
case c) the father is dead, and had written a will to transfer his share to second wife, who will inherit the property?
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) father can  sell property with consent of his 2 children from first wife 

2) on father demise his share would devolve on 2 sons from first wife , second wife and 2 children from second wife 

3) if father executes will his one third share would devolve on his second wife only 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
case a) he can sell the property taking the written consent from his two major children of his first wife.
case b) Since the property belongs to first wife, after death of father his two major children from first wife will inherit the property,
case c) if father has willed the property to his second wife after his death, the second wife will accordingly inherit the property. But if the two major children of first wife dispute this, the WILL and subsequent bequeath can be challenged in a civil court.
The father cannot bequeath the property as it is not his self acquired property and therefore as per law his two major children from his first wife will have absolute rights to inherit the same.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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Succession of a Hindu female dying intestate firstly goes to her sons, daughters and husband. So when  mother died the property in her name devolved upon two children and her husband in equal share. 
Now the share of father in case he dies intestate shall devolve upon two children from first wife, two children from second wife and the second wife i.e. in five equal shares. If father  has executed a will then after his death the will shall be given effect to.
Father can not sell the property in these circumstances. If two sons from his first wife surrender their share in favour of their father by registered relinquishment deeds, father then can get the mutation in his name and sell the property. 
H. S. Thukral
Advocate, New Delhi
519 Answers
125 Consultations
5.0 on 5.0
Hi, as the property registered in the name of wife and afterwords she died so  her legal heirs including her two sons and husband are the legal heirs so if they want to sell the property all the legal heirs has to execute register sale deed.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The father can sell only his share in the property. To sell the entire property he requires the consent of other heirs of his wife, i.e his children born from first wife.

2. On the demise of father the children born from first marriage will be the surviving heirs.

3. Father can make a will in respect of his share in favour of anyone during his lifetime.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) children of first wife can file suit for partition to claim their share in property 

2) obtain certified copy of sale deed from sub registrar office 

3) for creating mortgage consent of other legal heirs would be required 

4) since mother died intestate ie without will obtain letters of administration from court in name of the 3 legal heirs 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. Yes. The children born from first marriage can file a lawsuit for partition to cull out their share in the property and also the rentals.

2. They can file a lawsuit to seek injunction to restrain their father from selling the property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
In either of situation it is advisable that one of the two sons from first wife can file a suit for partition. In the partition suit so filed, interim applications can be moves praying injunction against father from alienating the property and for mesne profits for use of applicant's share of property.   
H. S. Thukral
Advocate, New Delhi
519 Answers
125 Consultations
5.0 on 5.0
A  Hindu male father has a property registered by sale deed in the name of his deceased first wife. He has two major children from the first wife. He has married subsequently and has two major children with his second wife. The father is still living in this property with his second wife.
case a) If the father wants to sell the property, what should he do?
This property is on the name of his deceased first wife.  Upon her intestate death this property devolves equally on all her legal heirs consisting her own children and husband.  The father is entitled to only 1/3rd share in this property and other two sons are entitled to 1/3rd each.  Therefore father can sell only his share in the property and not the entire property.


case b) If the father is dead, who will inherit the property?
Upon the death of the father, the other two sons besides their own 1/3rd share in this property, shall be entitled to an additional share out of their father's share, i.e., their father's share in the property shall again divided among his own legal heirs, i.e., his sons from his first marriage, his children from second marriage and his second wife. i.e., the father if died intestate, his share shall be divided into five shares and the surviving 5 legal heirs shall be entitled to one share each. 


case c) the father is dead, and had written a will to transfer his share to second wife, who will inherit the property?
If the father has bequeathed his share of property in favor of his wife or anyone, such beneficiary shall inherit the bequest made in the last will and testament.

T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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1: Can the father continue to use the property indefinitely with the objective of getting rental income for self and second wife's family , thereby delaying the process of inheritance. What could the first wife's children do in this situation?
Under this situation, the legal heirs of the deceased first who are the co-sharers with their father on the property belonging to their deceased mother, can claim a share in the rental income and also can seek partition in the property and for separate possession of their 1/3 rd share in the property. 



 What could the first wive's children do if the Sale Deed is in the possession of father and there is a possibility of father using the sale deed for a collateral loan?
They should immediately file a partition suit and n application along with seeking permanent injunction restraining their father from alienating or encumbering the property in any manner till the disposal of suit. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0

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