Rights to second wife and her children after first wife's death

5 years ago

My father married my mom legally after his first wife's death. The first wife had two sons and a daughter. Younger son died recently and my father is in favor of the elder son. I donno if he wrote a will for him. I'm the only daughter to my mom who is the second wife. I and my mom are feeling insecure about future. Can we demand for equal partition of property.? What are the rights for second wife and her children? Please give possible solution for this?

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Madam,
If it is his self acquired property no body question him. However you can put a case for maintenance and seek attachment of property and a rider of not to transfer the property. After his death children of both wives get half share each.

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Ashish K Dongre

Responded 5 years ago

A.If the property is ancestral then you have an equal share in it , Better to take professional help for more Details

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NILANJAN CHATTERJEE

Responded 5 years ago

A.1st you need to check whether the properties are self acquired by your father or not. If it is self acquired in that case, your father has every right to dispose off such property as per his wish. In case of ancestral property, you have right to claim.

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Anonymous

Replied 5 years ago

Sir it is self acquired. But what are we going to get now? It's been nearly 19years since he married my mom and deceived us all these years. He made us work for him and now if he won't give anything how should we live after his death? My step brother and I have no good relation also. What should we do now?

NILANJAN CHATTERJEE

Replied 5 years ago

Then in that case find out whether a will has been made or not. Also if your father has demised then go for partition. File a partition suit if there is a will, such will be unearthed.

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