• For minor rights

Sir.. a person named shishpal was the owner of 34 kanal of land in 2013. In oct 2013 he died  issuelessly and each 17 kanal of land goes to his wife and mother by a mutation of virasat... mr shishpal got 23 kanal of land by a   civil court decree of 1992 in favour of him from his aunty{ bua.).. and  11 kanal of land by a decree of civil court in 1993  from his father mistakely... in 2015 his father file a suit ot get that 11 kanal of land .and his father won the suit..and further transaction like virasat mutation of 2013 also declared null and void by civil court......now situation is like in 1992 that shishpal has 23 kanal land at his name but he is no more ... and his wife  remarriaged  in december 2014 to another person...now who has the legal rights  on that  23 kanal of land in the name  of shishpal.... is his mothet or sisrer or his exwife or his aunty{bua) frm which he got that land ?...
Asked 8 months ago in Civil Law from Narwana, Haryana
1) on demise of Mr shisppal his wife and mother would be legal heirs . 

2) remarriage of wife would not affect her rights to inherit husband properties as legal heir 

3) sister , bua have no share in deceased properties 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
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1) minor is incompetent to contract 

2) section 11 of Indian contract act says that every person is competent to contract who is of the age of majority according to the law to which he is subject , and who is of sound mind , and is not disqualified from contracting by any law to which he is subject .

Therefore , according to section 11of the Indian Contract Act the following three classes of persons are incompetent to contract .

1) minors,

2) persons of unsound mind , and

3) persons disqualified by law to which they are subject .
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1) on her husband death in 2013 wife would be legal heir 

2) ahe is his widow and her remarriage would not affect her rights on first husband property 

3) wife cannot claim right on her father in law property 

4) father in law can by will  bequeath his property to whomsoever he pleases 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
shispal's mother will ne the owner of the property because his wife has married with another person. when a widow gets remarries she shall not be entitled to get any share on her diseased  husband's property.  

minor can file suit by next friend he cannot put his signature on the vakalatnama but according to order 32 of the cpc he can appoint a next friend with the permission of the court to file suit. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
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Q. Sir .. shishpal 'exwife remarriaged in decemmber 2014...and then how can in 2016 she is his legal heirs of shishpal?  If it is true   then she can claim her rights in shishpal'father  property in which she has rights befire remarriage... sir plz answer clearly and with facts......

A. according to hindu succession act a widow never enjoy full right on the property which is devolved to her by the law of inheritance. she has only life interest in the property for her maintenance. she cannot transfer it to any person because she is not absolute owner of that property. But when she remarriages she lost her all right in her ex husband property because her second husband will liable to maintain her. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
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His property devolved on his mother and wife after his intestate demise. The subsequent remarriage of his widow does not deprive her of the property that she acquired from her deceased husband through succession. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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His wife was his legal heir as on the date of his demise, so she along with her mother-in-law succeeded to the property. And no, a minor cannot put a thumb impression on vakalatnama. He has to sue through his next friend.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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 and his wife  remarriaged  in december 2014 to another person...now who has the legal rights  on that  23 kanal of land in the name  of shishpal.... is his mothet or sisrer or his exwife or his aunty{bua) frm which he got that land ?...

On re-marriage by his wife after her husband's death before allocation of any share to her after his death, she loses the right to the properties of her deceased husband.  She will not be entitled to any share on her remarriage.
Therefore the parties shall devolve on all other legal heirs of the deceased.
Since Shrispl is survived by his mother alone now, she will become the owner of all the properties left behind by him upon his intestate death. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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What is the legal rights of mr shishpal 's ex wife.. can he get any share after remarriage in this 23 kanal of land..

If she was not given any share of properties of her deceased husband before her re-marriage, she will not have any right for a share in such properties after she re-marries somebody, she can have a right in her new husband's properties alone.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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Can a minor person put thumb impression on power of attorney{vakalatnama) ..is it illegal and decree passed  by use of this thumb impression is also illegal ..

First of all minor's signature itself is not valid thus his thumb impression during his minority is also not valid. The minor cannot file a suit by himself/herself, a guardian to minor only can file a suit.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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shishpal 'exwife remarriaged in decemmber 2014...and then how can in 2016 she is his legal heirs of shishpal?  If it is true   then she can claim her rights in shishpal'father  property in which she has rights befire remarriage... sir plz answer clearly and with facts......

She lost her rights i her previous husband's properties or home after her remarriage.  Any claim made by her after her remarriage is illegal and not maintainable in law. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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