Propety rights in case of re-marriage

RajaRao (Querist) 28 May 2015 This query is : Resolved
Dear Sir,

My wife died in 2010, I have only one son well educated, aged 24,staying separately. I am alone not working.

Now I am planning to marry a widow having 2 girl children aged below 8.

I have some property in my name and late wife too. My query is, If I marry the said widow,

1. what kind of rights will they (widow and girl child ) have on the property owned by me and my late wife.

2. How much share my son is entitled in the said property.

Actually I intend to give major share to my son, please suggest.

Thank you.

Follow Query

Report Abuse

Kumar Doab (Expert) 28 May 2015
It is believed that you are Hindu.

The successors to the property owned by wife is self acquired or obtained from her parents or you (husband). The successors shall be decided accordingly.

Generically speaking her property shall devolve upon you and son.The second wife and her children shall have no right.

If property in your name is self acquired then you can give it away to your son as you wish by WILL/Gift etc……………in your life time and no one including your son and second wife and her children can raise any objection.

If you decease without leaving any will then all of your legal heir including your son and second wife shall be your classI legal heirs……………and share it equally.

T. Kalaiselvan, Advocate (Expert) 29 May 2015
If the property is your self acquired property, you can dispose it in any manner and to anyone of your choice during your life time, so there is nothing restrictive if you want to execute a gift deed in your son's favor any property or to any extent of a property. In fact in your wife's property, you son has already 50% share along with you which cannot be denied to him. Your second wife's daughter will not be entitled to claim any share out of your property legally because she is not your biological daughter.

RajaRao (Querist) 29 May 2015
Thanks to Mr.Kumar Doab and Mr. T.Kalaiselvan for providing me meaningful replies.

Sirs, I have one more query, If I execute a will right now, can it be altered in future, I mean during my life time.