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Who would be legal owner of the said property?


06-Oct-2023 (In Property Law)
one person(husband)purchase a property in his name. After that he gifted this property to his second wife in the form of gift settlement. Second wife has no issue but first wife has one son. He passed away 20 years ago. presently i.e before 18 months second wife was died. Presently second wife has mother,younger brother , younger sister and first wife's son. Who would be legal owner of the said property?
Answers (1)

Answer #1
836 votes
I am assuming no will has been left behind by the deceased. No single person would be the owner of the property. That would also depend on the religion you belong to. The ideal thing to do would be to divide the property equally between the remaining members.

If the property is ancestral then it could not have been gifted away to the second wife in its entirety and his remaining children, if even from the first wife, would have a share in the property as well. If there is some dispute between the heirs then file a partition suit and let the court decide your rights.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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