• Property issue between 2 wife's children

Hello sir,

This is Indra, recently my brother in law's(my sister's husband) mother died and she got some properties on her name which are self purchased, she is second wife to my uncle(he got married after 1st wife's death) 1st wife got 7 children, now they are fighting for the share in the property which 2nd wife(my brother in law's mother) by saying she got married to their father so that they want the share in the properties of my brother in law's mother(who was passed away recently) my brother in law got one sister with him,she also fighting for it, do they have right on this property as they didnt born to my brother in laws mom? what are the chances are there to lose the property in this case? and  what is the best legal solution in this case?, please guide us! Thank you, If you can guide us today itself that's a great help.

Many thanks,

Indra
Asked 5 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) it is self acquired property of second wife 
R 
2) on her demise her husband and 2 children from said matraige would be legal heirs 

3) children of first wife have no share in said property 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1) I presume property was bought by second wife from her own  funds

2) if so step sons have no share 

3) you need not worry 

) children shoukd obtain letters of administration  from court for mother property 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. Your brother in law and his sister is the sole legal heirs of the properties of their biological mother,

2. Your BIL's step brothers and sisters have no right to claim the share of the properties of your BIL's mother's self earned properties,

3. Your BIL and his sister has no chance to loose the said property,

4. Your BIL and his sister should now get their mother's self earned properties mutated in their names.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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1. Giving dowry while marrying of daughter does not debar her in claiming share of her mother's or father's properties,

2. Since it is not an ancestral property but a self earned property of their mother, both of them have equal right on their mother's properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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The class I legal heirs of your brother in law's deceased mother are her own children and husband. 
The children of her husband's first marriage are not legal heirs to her.
Therefore they are not entitled to a share in her own properties upon her intestate death.
Any claim made by the children of her husband's first marriage are not maintainable with regard to her own and absolute property provided she has her own children to succeed her properties as her successors in interest.
Your brother in law being her own child is the only person who is entitled to her entire property of his deceased mother being her only surviving legal heir a successor to her properties. 
However since your brother in law's mother's marriage with her husband is legally valid, your brother in law is entitled to a rightful share in his father's property including ancestral property.
If his half brothers and half sisters create problem or claiming a share in the property, he may file a mandatory injunction suit against them restraining them from interfering with his possession and enjoyment of the property.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
in that case, we no need to worry about the issue making from first wife children's right? how can we sort out the issue with my brother in law's own sister, when she got married, they gave dowry to them and now they are fighting for the property again(both parents dead), is there any solution for this issue? thank you for the reply once again

If your brother in law is having his blood sister or full sister born to his mother, then she is entitled to an equal share i her mother's property at par with your brother in law.  
He cannot deny her rights in the property.
He can arrange for an amicable partition and allot properties as per mutual agreement between themselves.
Giving dowry or bearing her marriage expenses cannot be a ground to deny her legitimate rights or share in the property left behind by his mother upon her intestate death. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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The heirs of a Hindu female dying intestate are her widower and biological children. So the children from first marriage do not succeed to her properties. Her heirs are at liberty to execute a partition deed to divide the properties left by her. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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