After the death of his wife, Kapil Sharma married Preeti Sharma and had two sons. Neha Sharma is Kapil’s only daughter with his first wife, who is now married. So what will be Neha’s share in her father’s property after his demise? Since she has no good relationship with her stepmother and her half-brothers, she is eager to understand her rights.
According to the Hindu succession law of 2005, a daughter has every right on her father’s ancestral property, since she can prove her succession. In case she is not allowed the rightful share, she can also move the courts. In Neha’s case, since her father legally married her stepmother, her sons are the coparceners and have a legal share in their father’s property. As per the senior advocate, “On father demise intestate you would have one-fourth share in his self-acquired property, and you cannot claim the father’s self-acquired properties during his lifetime.”
Another top lawyer at the Supreme Court in Bangalore, puts his opinion in a similar case: “As far as self-acquired estate of your father is concerned he can procure the property according to his will and desire, and you have no right to claim this property, however, if your father died intestate, you are entitled to share in self-acquired property. ”
“As far as the ancestral property is concerned, you have a share in the estate and can claim it at any time during your father’s lifetime or after his death,” he adds.
According to the law, when a person dies intestate, his property moves or can be claimed by his heirs of class I, which include:
In the absence of the above, the property moves to the heirs of class II, which include:
In the case of a legal second marriage, the property can also be claimed by children of the second wife. However, if the husband has not divorced his previous wife or the wife lives and the husband remarries, the second marriage is considered null and void. The children who are born from this second wedlock must be maintained by their parents, but they are not preferred heirs or coparceners.
However, in a judgment of the Supreme Court, the bench argued that children who born from a second marriage could claim the father’s property even though the marriage itself could be void. They are not regarded as illegitimate. But the second wife cannot claim the property in the event that the marriage was solemn when the first woman lived or was not divorced.
In a recent judgment, the right of the first wife was upheld.
Sheetaldeen (husband) was left by his first wife Sukhrana Bai and then he married Vidyadhari, with whom he had four children. Sheetaldeen had made Vidyadhari his candidate, and all the advantages arising from his employment were reserved to her. She could also claim a certificate for her four children. However, when both wives filed succession certificates, after the death of Sheetaldees, the trial court preferred the second wife, and the Supreme Court of Madhya Pradesh preferred the first wife.
On further appointments, it was decided that the first wife would receive one-fifth of the real estate share. The four children also got their legitimate share, but the second wife had to renounce her share because, in the eyes of the law, Sukhrana Bai was the legitimate wife, which was not divorced before Sheetaldeen remarried.