• Please answer this to proceed to property dispute

Raj is having two type of property ancestoral and self acquired.
Raj married his first wife in 1982 and has one son and two daughters.
Raj married second time a muslim girl in 1988. then the girl was converted legally to hinduism
the second wife has one son and one daughter.
raj and his both wife livied in the same house for 20 years.
Raj expiered recently then how the property dispute will happen
is the second wife and her kids will have shares over raj property
Asked 8 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hello,
1) Raj being a Hindu is governed by Hindu succession laws and therefore his second marriage is illegal and has no legal validity.

2) The children born out of both the marriages will inherit an equal share in the properties both ancestral and self acquired. So will the first legally wedded wife receive an equal share in the property.

3) The only person that can't make a legal claim is the second wife. She will have any right acquired only of Raj had left a Will regarding his self acquired property.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1) second wife has no share in property as marriage was performed during subsistence of earlier marriage 

2) on his demise his wife , 3 children from first wife , 2 children from second wife would be the legal heirs

3) in other words each legal heir has one sixth share in property of the deceased
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi 
The legal heirs of Raj will be 
a) First Wife and children from first marriage (son and 2 daughters), .
b) The children from second marriage (Son and daughter). Wife will be excluded from legal heirship as the marriage is not legal in eyes of law. 
So both the self acquired and ancestral property of raj will devolve on the First Wife, children from first marriage( one son and 2 daughters) and the children from second marriage(One son and one daughter). The property will be divided in to 6 parts in total. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1) each person will get equal share in the self acquired property of the father 

2) please clarify on what basis you say it is ancestral property 

3) property which has remained undivided for 4 generations would be ancestral property
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
if Raj died intestate meand without making WILL then property will be devolved according to law of inheritance. 

In hindu law of inheritance only legitimate children have right in ancestral property. 

children born out of first marriage are his legitimate children and only they can take ancestral property in inheritance. 

Children born out of second marriage are illegitimate so they can get share in Raj's self acquired property only they cannot claim in raj's ancestral property. 

self acquired property will be divided amoung all the children and wives on equal basis. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
Hi, as the Raj expired leaving behind first and second wives and their children then all the legal heirs have equal rights over the ancestral and self acquired properties.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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His second marriage is illegal but his children from his second wife succeed equally along with his first wife and children born from first wedlock to all his properties. The share of children from second wife is at par with that of children from first marriage. In short there are 7 legal heirs. so you can work out the share.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
aj and his both wife livied in the same house for 20 years.
Raj expiered recently then how the property dispute will happen
is the second wife and her kids will have shares over raj property

Since Raj married his second wife during the subsistence of the first marriage and the spouse living, the second marriage is null and void in the eyes of law and the second wife cannot be considered as legally wedded wife and her status will that of a concubine only. 
If the second wife is a concubine, he is not entitled to any share in the Raj's property after his intestate death, including his self acquired property.
The children of his second wife, ie.. concubine, shall be entitled to an equal share to that of the legal heirs of the first marriage of the deceased Raj but only out of his self acquired property and not the in the inherited ancestral property. 
The legal heirs of his first marriage including his wife, children and his mother are the only successors to his share of ancestral properties which was inherited by him during his life time. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
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if the property worth is around 10 crores including ancestoral and self acquired. please let me know in terms of share in percentage per each person.
for ex: first wife gets 7/24 of the share first wife first son who is in position gets 7/24.
remaining how this will be shared.
Will each person of both family gets equal share or not?

For proper distribution of properties with the proportionate shares in both the properties to all the legal heirs can be either decided mutually if the matter is desired to be settled amicably or the court will decide their respective shares in the partition suit accordingly. 
For the distribution of self acquired property and ancestral property, a detailed explanation has been given by me in y previous answer, which may please be visited once again..
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0

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