Legal heir to my Father's second wife without children Legal heir to my Father's second wife without children

1 year ago

My mother expired, and my Father married another lady. My Father bought some land property and have bank balance on both his and his second wife. My mother's gold of which some was inherited from her mother and some was bought by my Father was also given to his second wife.
My Father expired recently without any Will. All the properties were bought by my Father only. His second wife sold my Mother's gold (old gold) and bought new gold, which is also bought by my Father.
My Father's second wife don't have any children.
Can I have right to claim equal share in the property/land/bank balance left out by my Father which is on both his and his second wife's name?
Can I have right to claim on my Mother's Gold as well?
To whom the property/gold/bank balance can be devolved after her?
Does she has right to prepare a will for the property/land/bank balance to someone of her choice which was earned by my Father?
Can I and my Father's second wife will be legal heirs to my Father and can have equal share in his property?

Subhashis Paul

Responded 1 year ago

A.According to the law, a person can only marry again after the death of the first wife only hence your father married legally to his second wife. After his death, both you and his second wife shall be equally entitled to share all the belongings and assets of your deceased father.
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

Anik

Responded 1 year ago

View All Answers
A.Dear Client,
According to the Hindu Succession Act, As after the death of the first wife, If the person gets remarried then second wife will have equal rights. Therefore both you and second wife are legal heir and will get equal shares.
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

Read Related Answers

question iconDecree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir, It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
question iconProperty and Home loan
Dear Sir, It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
question iconRemove co owner from FLAT BBA if he is not giving his consent
Dear Sir, You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
question iconLand dispute
Dear Sir, Approach Civil Court and get permanent injunction against him as he is unnecessarily interfering with your legal possession. If anything is encroached by you it has been perfected by way of...
question iconPartition suit - Rent being given to Non legal heir
Dear Sir, My answers are as follows: 1. How do I recover this 50% money which is being transferred to my aunty? Aunty is not the legal heir. My brother and I are legal heirs. Ans: Your aunty is a str...