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Author Topic: Ancetral Property distribution  (Read 1233 times)

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Offline Vinni

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Ancetral Property distribution
« on: May 05, 2016, 09:37:19 AM »
Hello Sir,

This query is regarding distribution of ancestral property.My father has two wives.My mother is the first wife and i am the only son.He married second time after leaving us.He married second time without giving divorce to my mother.He has one son from his second wife.I would like to know how the ancestral property will be divided now.He has inherited 3 acres of agriculture land.Does second wife and his son will get any share in ancestral property? Thanks in advance for advice.

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #1 on: May 06, 2016, 12:07:58 AM »
Dear Sir,

Yes, second wife will get the share in the property. the ancestral property will be divided in half and half. Even the illegitimate sons and daughter have right in the father's ancestral or father's property.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rohit2120

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Re: Ancetral Property distribution
« Reply #2 on: May 06, 2016, 03:35:54 AM »
My father have two wives... 2 children from 1st wife and 3 children from second wife... now me, my brother and sister from second wife.. but my brother is no more.. he died last year.... he did state government job.. where he nominated my mother... Now sir please tell me how to distribute my father's property ....? in 5 children or 4 children? or in 2 wives?
« Last Edit: May 06, 2016, 03:41:20 AM by rohit2120 »

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #3 on: May 06, 2016, 03:58:00 AM »
Dear Sir,

Property may be divided between two wives equally and their legal heirs take their share from their mother.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rohit2120

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Re: Ancetral Property distribution
« Reply #4 on: May 06, 2016, 04:11:04 AM »
Dear Sir,

Property may be divided between two wives equally and their legal heirs take their share from their mother.

Regards,


Thank you for reply Sir

Offline adv.amarnath

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Re: Ancetral Property distribution
« Reply #5 on: May 08, 2016, 02:54:13 AM »
As your father's second marriage is illegal, so his second wife is not entitled to get a single share. In your case, you, your father's first wife and his illegitimate son (Son out of his second marriage) will be joint owner of your father's property as per Hindu Succession Act, Section 8 and Schedule given in the end of the act.

For further clarification and consultation in details, you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #6 on: May 08, 2016, 05:34:23 AM »
Dear Sir,

Even if the marriage was illegal the same was never objected by anyone and they continued to live the matrimonial life and had children from the marriage. Both the wives will have equal right in the property of the husband along with their children.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Ancetral Property distribution
« Reply #7 on: May 10, 2016, 08:19:36 PM »
Under which Law....can tell me the detail section and provisions of the act? What you said that was in case of male person who never been married earlier but staying with a woman as if they are husband and wife and subsequently a child has born out. YOu have confused with the case.......
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #8 on: May 10, 2016, 11:10:49 PM »
Dear Sir,

Please read the judgments, there are numerous judgment on partition where there are two wives and courts have divided the property equally as the said marriage with both the wives  was never objected by anyone and they continued to live.

Now when the said marriage was never objected during the life time, the property of the husband will be divided equally between both the wives. Any of the wife can file a suit for partition and get the relief of equal partition of the husband property between both the wives. Case may be different if the marriage is objected and considered illegal from the court.

Even if you take out the wives, the legitimate and illegitimate, both the children have equal right not he property of the father.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #9 on: May 11, 2016, 12:10:06 AM »
The Supreme Court has held that under the Hindu Marriage Act (HMA), illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral.

A Bench of Justices G.S. Singhvi and A.K. Ganguly, hearing an appeal by Revanasiddappa, differed with earlier judgments in interpreting Section 16 (3) of the HMA that “such children are only entitled to the property of their parents and not of any other relation.”

Stating that it was constrained to take a different view, the Bench referred the matter to Chief Justice S.H. Kapadia for posting it before a larger Bench. The Bench said, “The relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights, which are given to other children born in valid marriage. This is the crux of Section 16 (3).”

Writing the judgment, Justice Ganguly said that under Section 16 (1) and 16 (2), it was expressly declared that children born in a void or voidable marriage, (viz. second marriage) should be legitimate.

“If they were declared legitimate, then they cannot be discriminated against and they will be on a par with other legitimate children and be entitled to all the rights in the property of their parents, both self-acquired and ancestral.”

The Bench said: “the prohibition contained in Section 16 (3) will apply to such children with respect to property of any person other than their parents. We find it interesting to note that the legislature has advisedly used the word ‘property' and has not qualified it with either self-acquired property or ancestral property. It has been kept broad and general.”

Underlining the need for a liberal interpretation of Section 16 (3), the Bench said: “with changing social norms of legitimacy in every society, including ours, what was illegitimate in the past may be legitimate today. The concept of legitimacy stems from social consensus, in the shaping of which various social groups play a vital role.”

Quoting an earlier judgment, the Bench said: “the HMA intends to bring about social reforms and conferment of social status of legitimacy on innocent children is the obvious purpose of Section 16. This is a law to advance the socially beneficial purpose of removing the stigma of illegitimacy on such children who are as innocent as any other children.”

“However, one thing must be made clear that the benefit given under the amended Section 16 is available only in cases where there is a marriage but such marriage is void or voidable. In the case of joint family property, such children will be entitled only to a share in their parents' property but they cannot claim it on their own right. Logically, on the partition of an ancestral property, the property falling in the share of the parents of such children is regarded as their self-acquired and absolute property.”

Right to property

The Bench quoted Article 39 (f) of the Constitution which says “that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Right to property is no longer fundamental but it is a constitutional right and Article 300A contains a guarantee against deprivation of property right by authority of law.”

Since there was no restriction imposed in Section 16 (3), such children would have a right to whatever “becomes the property of their parents whether self-acquired or ancestral,” the Bench said.


Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Ancetral Property distribution
« Reply #10 on: May 14, 2016, 09:10:41 PM »
Mr. Bansal, you have posted one judgment which supports my advice. Where it is written that 2nd wife will be property when 1st wife is alive?? I post earlier that illegitimate and legitimate child have right over father's property by not paramour/ 2nd wife.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #11 on: May 17, 2016, 08:16:36 AM »
Dear Sir,

I agree what you are saying. Had tried my best to make my point clear. Will post the judgement what you are asking for.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Heena68

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Re: Ancetral Property distribution
« Reply #12 on: May 17, 2016, 09:53:53 AM »
Law of our land does not accept polygamy so your dad has no right to give anything to his other family or they have no right to ask a share in your ancestral property.

Offline adv.amarnath

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Re: Ancetral Property distribution
« Reply #13 on: May 20, 2016, 04:17:56 AM »
From where the question/ point of polygamy is arising??
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Ancetral Property distribution
« Reply #14 on: May 21, 2016, 04:49:12 AM »
I am equally surprised that our law of land do not reconize polygamy. Dear Heena, please enlighten us on this particular area of law, which you have point out and enhance our knowledge.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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