Second wife daughter property rights

6 years ago

Legal advice and legal services
Second wife daughter property rights

My mother had no children so my father married another lady without giving divorce to first wife. She gave birth to a girl child within a few months and left my father. My father used to say that he never shared bed with second wife who was already pregnant before marriage. Later I was born to them. Second wife filed case in the lower court for maintenance. It gave judgement for rs.300 per month. My father died in 1993 writing a will saying what ever share he gets in ancestral property to be given to first wife's daughter and that is me. Later they approached high court and the judgement was given in Dec, 2006 saying that rs.200 to be given as maintenance up to her daughter's marriage which was completed long back before the judgement. The HC has already mentioned that legitimate child has right to father's property and not ancestral property. Here my father has earned nothing of his own. The agricultural property of 6 acres is ancestral and rights are to be of mine. But after these many years second wife's daughter has filed a case claiming for equal share in ancestral property now. Will she get the share?