• Father will for his two wifes

Dear sir 
My friend father was married a lady seven years back bcz  his first wife was expired he is a central govt employ five months back he passed away he written a wil last year all property will belongs to his second wife son 
but first wife have two daughters elder one got married and second daughter is single all this property is in the name of first wife 
but now this second wife is not allowing to sale that property for this younger daughter marriage  so please suggest me  how to go legally for this

venkatesh manyam
Asked 5 months ago in Property Law from Punganur, Andhra Pradesh
Religion: Hindu
The property in the name of first wife shall devolve on her own legal heirs and the children of second wife shall not be entitled to any share or rights in that property.

The second wife has no right to to not to allow the daughter of first wife to acquire her deceased mother's property who died intestate.

The daughter of first wife can file a suit for  ejecting her step mother and possession of  the properties left behind by her deceased mother and also on behalf of her sister  or jointly.

Consult a local lawyer and proceed as per further advise by the lawyer.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Hi 
First if the property is in the name of the first wife, then after her demise, the property will go to her two daughters and husband in equal shares. so the husband will have only 1/3rd share. 

You need to challenge the will on the grounds of 
a)1/3rd  share of the husband to revert to the Children of first wife only as the children are legal heirs.
b)  The will of the husband was obtained by undue influence, coercion and fraud as in all likelihood the Second wife has manipulated the husband to get all of the property .

It is highly unlikely that the son of the second wife will get any share of the property from the will as the property belonged to the first wife and after her demise 1/3rd of share of the property which the husband got should revert to the children from the first wife only. 

Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1) if property is in name of first wife then  father cannot make will of said property in name of second wife  son 

2) on first wife demise her property would devolve on first wife husband and 2 daughters . 

3) on father death his share would devolve on all legal heirs namely 2 daughters, second wife and son 

4) apply for letters of administration from court 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
in respect of father share son  from second wife has share in the property . 

you need consent from court to sell his share in property 

file suit for partition for division of property by metes and bounds
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
The Will now written on the name o minor can be changed by the testator anytime during his lifetime. 

 If the father is writing a Will  in favor of his minor son, he has to name a guardian to the minor son who shall receive the property during the minority of the beneficiary provided the will comes into force at that time.  

The son shall be entitled to the bequest as per law, when he becomes major and till that time the property shall be taken care and maintained by the named guardian or administrator or executor of the Will. 

Please remember that just by writing a Will that the property shall not  be transferred automatically, the will has to come into force which shall happen only after the lifetime of the testator. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
If the property is registered in favour of his first wife then on her demise without a will it devolved through succession on her widower and children equally. As a corollary thereto, this man could have made a bequest only to the extent of his share in the property, and not beyond it. The children born out of first wedlock can challenge the will in the court which can declare it as illegal. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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