gayatrishah9322 (housewife) 11 July 2016

Can i claim my share for my 2nd husbands property and income

BACKGROUND

I am Hindu female and my age is 54 years
My 1st Husband passed away 14 years back when I was 40
I am having 1 son who is currently 26 years old from my 1st Husband
At the age of 48 (6 yrs back) I did registered marriage again with my 2nd husband (his wife also passed away before that ) who is also having 1 son
Last year in 2015 my 2nd Husband passed away ,I am very depressed now with the loss again
My 2nd Husband son has never accepted me his mom and now wants me to go back to my old home
Also all my 2nd Husband properties ,business and the house where I am staying ,my 2nd Husband has made a registered will and mentioned that all his properties to be transferred to his son only from 1st wife only
I was totally dependent on my husband and with this loss I am finding it difficult to lead my life

My Query

Even if in the registered will its mentioned that all my 2nd Husbands property and income to be transferred to his son ,

Is there any legal way I can still claim my share in my husbands property and income ?

What percentage of share I can claim in my husbands property and income ?

Reply Follow

9 Replies

Kumar Doab (FIN) 11 July 2016

NO forced share in self earned/acquired properties.

Try to get share from wealth that is not mentioned in WILL e.g bank a/c, Life Insurance, etc

Try to get right to reside in the home and maintainance from son.

gayatrishah9322 (housewife) 11 July 2016

In the will there is a clause that names my husband's son only to get all the property even though it has not been mentioned in the will....there are 2 properties which are not mentioned in the will ..how much % maintainence or any specific amt can i legally ask from my son for my maintanence

Kumar Doab (FIN) 11 July 2016

ClassI legal heirs of deceased hindu male are:

Mother, Spouse, sons, daughters.

The wealth shall be devided equally amongst all ClassI legal heirs.

Further a very able counsel specializing in family/civil matters, can guide you.

binay (advocate) 11 July 2016

As an wife U have equal rights over the property but if the property is self acquired then his will is binding by law. But you can challenge it at the time of succession

JustAdvisor (IT) 11 July 2016

from the facts stated in the second post of yours, your second husband's son appears to be a residuary legatee. so he basically gets everything. however you may have a right to residence and maintenance. in what circumstances was the will made? were you aware of the will? you can even challenge the will. all may not be lost yet. approach a very able counsel.

saravanan s (legal advisor) 11 July 2016

If those properties that is not mentioned in the will is self aquired by your deceased husband you are entitled for equal share along with your second husbands son.

Sandhya Srinivas (Advocate & Legal consultant) 11 July 2016

You consult an advocate with the will copy. Reading will in detail and understanding all his moveable and immoveable properties will help your case.

Kumar Doab (FIN) 11 July 2016

You can benfit from advise of experts and engage a very able counsel.

Stake claim to the properties/wealth ( movable/immmovable) that is not bequeathed by WILL.

Claim right to residence and maintainance.

If you wish to contest the WILL then let your able counsel advise you first.

Khush 12 July 2016

well, ur questions have been answered by experts above, u can also claim monthly maintenance from son with maintenance of parents and senior citizens act