Property of a first married woman, can be claimed by second married woman after the death of common husband?

Question

► A land with building on the same land is in the name of first married women, died in 2007. After her death the husband married a second women. There after the death of husband, will the second married women get the property? The first wife had one son and one daughter. Asper hindu rules?

Answer 1

Hello.

The woman was 100% owner of the property.

Assuming that she died without a will.

The property got devolved as follows;

100% gets divided into 3 equal parts between Husband, Son and Daughter

i.e. 33.33% each.

At present the husband owns 33.33% of the property.

Now, if the husband dies with a will

The property will be devolved as per the will

If the husband dies without the will then the property will be devolved as follows (Assuming there is no child from the 2nd Marriage);

To the 2nd Wife : 11.11%

To the son of the first wife : 11.11%

To the daughter of the first wife : 11.11%

In case their are children from 2nd marriage in that case the property will be divided equally between - 2nd wife, son and daughter of first wife, son and daughter of 2nd wife.

For more clarification, please get connected with me through OLQ.

Property of a first married woman, can be claimed by second married woman after the death of common husband?

1 Answer