Family law
YAGNESH HASMUKH DAVE
(Querist) 11 February 2013
This query is : Resolved
father has done second marriage after the first wife death he has two major children from his first wife out two one girl child is married and one boy child is unmarried father has taken flat in his own name and second wife name and some flat and shop in own name and boy child name after the father death if he do not make will document will the children will have any rights on flat of which father purchase on his own name and second wife name what other rights children have on property and investment which is made on his father name and his second wife name and will stepmother have any rights on property and investment purchase on father and children name please advice.
Raj Kumar Makkad
(Expert) 11 February 2013
The children born out of first marriage have equal right in their individual capacity similar to their step mother means 2/3 share in the share if their father shall go to them and rest 1/3 to their step mother.
In the properties wherein father andchildren stand in ownership column, the step mother shall inherit only 1/3 share in her decesed husband share and rest shall go to children.
