Law4u - Made in India

If the first wife is missing for seven years and she has a son, will she have any share in the property or not?

28-Feb-2023
Property

Answer By Law4u team

If the first wife is missing for seven years and she has a son, then the legal status of the marriage is uncertain, and it's possible that the marriage may be declared as presumed dead or dissolved. In such a case, the first wife would not have any claim to the property of her husband, and her share would be distributed as per the applicable laws of inheritance. Under the Hindu Succession Act, if the husband dies intestate (without a will), then his property will be divided equally among his legal heirs, which would include his son from the first wife, and any other surviving spouse and children from subsequent marriages. However, if the husband had made a valid will, then the distribution of his property would be as per the terms of the will. It's important to note that the specific legal rights and claims of the parties would depend on the facts of the case, and it's advisable to consult a lawyer for specific guidance on the matter.

Property Verified Advocates

Get expert legal advice instantly.

Advocate Harbans Singh Mehimi

Advocate Harbans Singh Mehimi

Cheque Bounce, Civil, Criminal, Family, Property, Succession Certificate, Domestic Violence, Child Custody, Banking & Finance

Get Advice
Advocate Shiva Shankara N

Advocate Shiva Shankara N

Civil, Cheque Bounce, Anticipatory Bail, Child Custody, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Cyber Crime, Breach of Contract

Get Advice
Advocate Gaurav Kumar

Advocate Gaurav Kumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, High Court, Property, Recovery, Wills Trusts, R.T.I, Labour & Service, Landlord & Tenant, Family, Consumer Court, Motor Accident, Child Custody

Get Advice
Advocate Syed Junaid

Advocate Syed Junaid

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Amit Kumar Panchal

Advocate Amit Kumar Panchal

Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, R.T.I, Wills Trusts, Supreme Court, Property, Medical Negligence, Recovery, Revenue, Motor Accident, Media and Entertainment

Get Advice
Advocate Pankaj L Solanki

Advocate Pankaj L Solanki

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Kanun Rabadia

Advocate Kanun Rabadia

Arbitration, Cheque Bounce, Breach of Contract, Landlord & Tenant, Consumer Court, Civil, Recovery, Wills Trusts, Property, Documentation, Corporate, Labour & Service, Insurance

Get Advice
Advocate M Chittibabu

Advocate M Chittibabu

Revenue, Startup, Property, Wills Trusts, Trademark & Copyright, Civil

Get Advice
Advocate Narendra Choudhary

Advocate Narendra Choudhary

Criminal, Domestic Violence, Property, Revenue, Divorce

Get Advice
Advocate Dilip Fojmal Jain

Advocate Dilip Fojmal Jain

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Tax, Revenue

Get Advice

Property Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.