1)was gift deed executed? was it duly stamped and registered ? if so first wife would be absolute owner of 50%property .
2) if it was self acquired property and late owner had executed gift deed son from second wife has no share in the said property
Property share
The owner (late) of the property has registered 50% property to first wife and 50 % property to borrowers. Since first wife was not willing to give away balance 50%, she filed a case against borrowers and borrowers have won the case at High court. Now First wife is proceeding to move the case to the upper court The owner(late) has illegal second wife who has a son. Questions : 1) Does Illegal son legally eligible from 50% share of first wife. 2) Does Illegal son legally eligible from 50% share of borrowers.
Asked 10 years ago in Property Law
7 Answers
Hi, illegitimate son can claim the property of the father only after his death if it is ancestral property he can claim......but here how the property comes to wife by her husband through succession or through sale is not clear from the narration.
The property was self acquired by the late owner and 50% share was duly stamped and registered by late owner(before death) in the name of First Wife. Balance 50% share was duly stamped and registered by late owner(before death) in the name of Borrowers.
Asked 10 years ago
first wife is absolute owner of 50%of the property . the son cannot claim any share in said property
since the property was self acquired by the late owner and since 50% share was duly stamped and registered by late owner in the name of first wife, the son will not have any claim in the property.
illegitimate son have no right to claim property in this case.
1. How was the property given to wife by the owner? Did he purchase and register the property to the extent of 50% in his wife's favour, or it was subsequently transferred to her by way of a gift deed?
2. If the property was self purchased property of the owner then he had every right to transfer the ownership thereof to his first wife. On the registration of property in her favour the wife became absolute owner thereof. As a corollary thereto, second wife has no share in the property.
First wife alone is the owner of 50% of the property whereas the ownership of borrowers in the remaining 50% has been upheld by the High Court. Appeal against the order of HC can be filed in only Supreme Court of India.