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

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

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
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

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.
Helpful
Helpful
Share
Placeholder image

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?

Placeholder image

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.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTransfer of property to wife after demise of husband
Dear Client, According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
question iconPath to reach home
Dear Client, you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
question iconProperty disputes
Dear Client, Commercial activities in residential areas are impermissible under the law. In the given scenario, serving a legal notice to the owner of the residential house file a mass complaint to...
question iconNeighbour Water leakage
Dear Sir, How to File a Harassment Complaint Against a Neighbour Is Calling Police an Option? Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
question iconNOC FROM OTHER FLOOR OWNERS
Dear Client, Whether you need a No Objection Certificate (NOC) from other floor owners before selling your floor in a building depends on local regulations and building bylaws. It's advisable to con...