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Author Topic: Right of my brother's second wife in my father's property.  (Read 1639 times)

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Offline pk_

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Hi,

I am Hindu. My brother had second marriage without giving divorce to his first wife and he does not have any children from his second wife. I want to know if his second wife can have any share in my father's property.

Thanks
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Offline advuma

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Re: Right of my brother's second wife in my father's property.
« Reply #1 on: May 30, 2015, 11:16:11 PM »
Neither the first nor the second wife have any right or claim in the father in laws self acquired property
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline pk_

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Re: Right of my brother's second wife in my father's property.
« Reply #2 on: May 31, 2015, 07:58:26 AM »
Thanks for reply.

Apart from my father's self aquired prpoerty, We also have some ancestral property.
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Offline advuma

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Re: Right of my brother's second wife in my father's property.
« Reply #3 on: May 31, 2015, 08:53:31 PM »
The wives still cannot claim on ancestral property, their claim is restricted to husband's property only
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline pk_

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Re: Right of my brother's second wife in my father's property.
« Reply #4 on: June 01, 2015, 07:51:24 AM »
Thank you for help.
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Offline pk_

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Re: Right of my brother's second wife in my father's property.
« Reply #5 on: August 11, 2015, 04:35:40 PM »
I just wanted to know if my brother's second wife try to create trouble for us by filing case/lawsuit by caliming her share in my ancestral property, will court accept her case/ lawsuit or will it be rejected because she doesn't have legal right in our ancestral property ? The reason for asking this is, if we start construction on the land which is ancestral property, can she bring stay on the construction just to create trouble for us? Both my father and my brother are not alive now and they didn't have written any WILL.
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Offline advamrita

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Re: Right of my brother's second wife in my father's property.
« Reply #6 on: August 11, 2015, 07:55:40 PM »
Did your brother marry the second wife after the death or demise of the first wife? If yes than she has a stake on that part of the property which the brother would have had as his share if he was alive.

Offline pk_

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Re: Right of my brother's second wife in my father's property.
« Reply #7 on: August 11, 2015, 10:04:03 PM »
But as replied by advuma, his wife can not claim share in ancestral property ( of my father and grand father).

As far as marriage of brother is concerned he married second wife when first wife was alive without giving divorce to first wife. And the second wife left him after few years without divorce for around 20 years. Just 4 months before my brother's death she came back again with intention of getting share in property. After she came back for 4 months, my brother expired. Now she is alone living in his home which is self aquired property of my brother. There is other property which earned by my father and grand father. We are planning construction on that property. So there are two sets of properties. One is self earned by my brother and second is self earrned by father and grand father. My question is what if she files lawsuit claiming her share in my ancestral property which is earned by my father and grand father. 1)Can she bring stay on the construction? Will court accept her lawsuit? 2) Since my brother hasn't written WILL and he has some investments where he hasn't nominated anyone, can I claim share in his property?
Psychologist cum Indian IT recruiter. Try to solve every problem using psychology.

 

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