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Sumit (Engineer)     31 August 2011

2nd wife's right on the property after the death of 1st wife


My father got married to my mother in 1976. We lived together in Pune untill my mother died in 2007. The property was shared by both of them (My Father and Mother). After 1 year my Father got married to a woman (Court marriage). The woman has 2 sons from her previous husband(dead). Does she have any rights (or can claim) on my property? What are the ways to make sure that nobody either she or her children can claim my property?

Please reply as soon as possible.

Thanks in advance!!



 12 Replies

Arvind Singh Chauhan (advocate)     31 August 2011

You will inherit the seperate share of your mother of which she was the joint owner.

You and Your second mother & children shall inherit the share of your father.

1 Like

Sumit (Engineer)     31 August 2011

Thanks for answering..

My father is supporting me in taking the ownership of the complete property. He has written a will as well as made a Release deed. Now on 7/12 of the property only my name is there. I just want to make sure that after these procedures neither do she or her children can claim any amount of the property.

Please advise if any other document will make my position stronger as my father is ready to make any kind of document for me.

Thanks in advance!!


RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     02 September 2011

Dear Sumit,

Will does give you any kind of ownership instead of WILL get the sale deed / Gift deed in your favour.

These two deeds can give you better and absolute title. Will can be challenged but these deeds cannot be.


Rajiv Bhasin


Bhasin & Associates

9811210505, 9868635640

1 Like

Shastri J.K. (Practice in The High Court of Chhattisgarh)     05 September 2011

I agree with mr. arvind

Sumit (Engineer)     06 September 2011

Hi Rajiv,

Thanks for helping me on this issue.

As I said in my previous mail, my Father made a Release Deed in my name. Is it different from Sale/Gift deed? I have "Release Deed" and "Will" in my name. Do I need any other document to be the absolute owner of the property?

Thank you,


SAA_Bombay (Pro)     14 September 2011

I fully agree with Mr. Rajiv, precaution is better then cure, better make few more paper then fighting years & years in court. You said you father supports you, take advantage of time when its in your favor.  

1 Like

Sumit (Engineer)     15 September 2011



My Father made a Release Deed in my name. Is it different from Sale/Gift deed? I have "Release Deed" and "Will" in my name. Do I need any other document to be the absolute owner of the property?

Thank you,


SAA_Bombay (Pro)     15 September 2011


Sumit (Engineer)     08 February 2012

Hi Sudhir,


Thank you for your time. My father has made Release deed also for property. Now I have a registeres paper with 7/12 and Index II in my name. The corporation tax receipt will soon be in my name too. Do you know if there is any other document I need to secure to be safe in future.


Thanks again for your reply.


Chaitanya_Lawyer_Mumbai (Lawyer)     09 February 2012

Hi Sumit,

You have the whole property in your name.Now you do not need to worry.

If at all thare is anything else in father's name,get it in your name by Gift deed / WILL.

Sudhir Kumar, Advocate (Advocate)     09 February 2012

I also agree with Shri Chatanya but will reiterate the WILL has no meaning it is a piece of paer meant to be challnaged by adversary and to make to spin and enrich lawyers.

Sumit (Engineer)     13 February 2012

Thank you very much to Chaitanya and Sudhir for speding time in answering my query.

Sudhir: Will is just the supporting document that I have, its not the 'only' document. I have registered papers of the property in my name. Its apart from the "Will". I have got 7/12 done in my name too.

Please reply if Registered deeds can also be chalenged under any circumstance. The property is not "ancestral" it was purchased by my father.

Thanks in advance for your reply.

Wth Regards,


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