Rights of step mother (second wife of father) on property

5 years ago

Hi ,
From first wife my father had two childrens myself(son) and my sister our mother excited 12 years ago. We both(myself and sister) are married now . Now our father got married with a age old lady without our permission , for her this is first marriage . Now we are worried about the property which our father holds. What is the share she (second wife) can claim. She (second wife) don't have any childrens. Can we ask our father to transfer all property in our name. We had a home which was in the name our grandfather he died 2-3 days back.
Is it possible to transfer the home on my name (son) directly so that, step mother cant claim any rights.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your matter In relation to property, since it is ancestral property, it will be divided equally amongst all the legal heirs after the death of your father.There would be legal complications if you take the entire property in your name as because it is ancestral property and the other legal heirs will file a suit of partition.You may consult for further advice in this regard

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Wife has no share except the claim for maintenance for her life. After your fathers death she may claim her share ask her to go to the Court and thus delay the process. If your father is hurry in transferring in her name then get a stay order from court.

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Anonymous

Replied 5 years ago

Thanks a lot sir..

Prabhakara S K Shetty

Responded 5 years ago

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A.First thing is that your father does not need your permission to marry second time, may be it is your fault that he felt the need to re-marry. Your step-mother has right of maintenance over your father`s property.

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Anonymous

Replied 5 years ago

Thanks a lot sir..

Bhandari Law Firm Advocate & Attorneys

Responded 5 years ago

A.Don't worry, if 2nd wife of your father is an be she have absolute right in the property of your father but if she die and she do not have any kids then all property after your father and his 2nd wife only you will be entitled for their property.

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Anonymous

Replied 5 years ago

Thanks a lot sir..

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