Legal Question in Wills and Trusts in India

Property settling

Dear Sir / Madam,

My grand father has two wife�s, 1st wife has got 2 girl child and 2nd wife(got married after 1st wife's demise) has got 1 girl and 6 boy children.

He expired last week.

He has written a �WILL� containing the following,

1-Date of registration 01 Jun 1978

2-Valid till 01 Jun 2008 (valid for 30 years)

3-No shares to 2nd wife (divorced wife)

4-Property will be equally shared to all 9 kids.

5-Sharing will be done to daughters only if they are alive.

6-House can�t to soled or mortgaged for these 30 years by anyone.

7-If any one not agreeing to these terms, they will be ignored and further processing will be done.

My doubts are,

1-Is there any effect if my grand father has died later than 1st Jun 2008?

2-Whether it�ll be advantageous to first wife�s kids if he would have died later than 1st Jun 2008 as the validity of the will is over.

3-Legally who will be having more rights on the property, 1st (expired) wife�s kids or 2nd wife�s (divorced) kids if he would have expired later than 1st Jun 2008?

4-If women got divorced, legally she/ her kids could claim the property share?

Kindly clarify my doubts based on the above input information�s. If needed I can clarify.


Asked on 4/08/08, 9:58 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property settling

Your answers to the query are herein mentioned :

(1) No there is no effect.

(2) No it wont be advantegeous.

(3) Technically both share the equal rights.

(4) Yes she or her kids can claim the property share.

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Answered on 4/09/08, 12:58 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Property settling

1)no effect

2)no

3)equal rights

4)yes

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Answered on 4/10/08, 6:53 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Property settling

under Hindu law the illegally wedded wife doenot get any share in the husbands property however children of such illegal / illicit relation still gets all the rights as that of legitimate child

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Answered on 4/18/08, 11:30 am

Re: Property settling

1. No effect.

2. No.

3. Both have equal right.

4. yes.

Incase of any other query,then,contact with details,professional charges are applicable.

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Answered on 4/08/08, 12:07 pm


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