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Indian Law/Property in wife's mother name

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Respected Sir,
There is a situation where father first wife has expired without will and she has property in her name.  She is survived by two children(one of them is my wife). Now father has remarried and has three children from second wife.  Property is still in death wife’ name.  Now Please guide us about the right of first wife children and husband in Propety.  If father has misplaced the property paper by knowingly, what is legal action can be taken to take share in property.
Thanks and regards

Answer
In the case of females
Under the Hindu Succession Act, 1956, females are allowed equal right of property with sons.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1.   upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2.   upon the heirs of the husband.
3.   upon the heirs of the father, and
4.   upon the heirs of the mother.
Unless a statute provides otherwise, a surviving spouse's rights of inheritance are not affected by a later marriage after the death of the decedent. The rights of a survivor of a second or subsequent marriage of the decedent are the same as though he or she were the survivor of the first marriage.
In view of the above, in the instant case ,the property of the first wife will devolve upon her own children as well as  her husband.Even if the title-deeds are misplaced by the father,Succession Certificate can be obtained from the court on the basis of certified true copy of the docuents obtained from the Registrr's Office.
However, this is my personal view and you may  consult a lawyer on the above matter.

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Arun Kumar Maitra

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Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

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Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

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Nil.

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M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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