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What are the rights of 1st wife in husband's self acquired property?


30-Oct-2023 (In Family Law)
Hi, My dad has 2 wives. He had 4 acers of land and its his self aquired land. Recently he transfered 4 acers to his 2nd wife through registration (gift deed)and patta,mutiation. Now pahani is there with her name. 1. Can my mother or me can claim the share from that registered property 2. I heard that RDO can cancel the patta. Could you please give me the best suggestion.Thank you! 
Answers (3)

Answer #1
961 votes
Dear Sir/ Madam,

As you said that the property belongs your father alone as it is his self acquired property, he can transfer the same to any person he wishes to and you and your mother cannot claim share in that property.

Answer #2
616 votes
Hi
Since your father has executed a registered gift deed, it should be challenged on the grounds of undue influence and coercion only in the District courts. Revenue officials do not have the powers to arbitrarily cancel the registered gift deed or patta thereof. so better to approach the district courts.
Answer #3
839 votes
Hi,
You have not stated as to which religion you are , if hindu law is being followed then the second wife does not get any share if the first marriage is in existence . The first wife can file a case and claim for the share in the property but have to check as to check the transfer docuement.

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