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son (HRM)     11 June 2013

Can second wife claim husband's property

I have two questions, please clarify my doubts. My mother expired 8 years back. That time my father was 57 years old( now he is 65)   and we are 3 sons to our parents(no daughters).  He remarried our servant maid in 2006-07 (without any of we 3 brothers knowledge) thinking that she will be very helpfull in his life. She is 50 years old now.  That maid got 4 kids ( 2 daughters, 2 sons) from her previous marriage, she got no kids from my father.  Her ex husband expired 10 years back. Later we came to know that maid charecter is very bad and we tried telling our father many times to leave her as she was looting all his money n not caring him properly but he never listened.

My questions are:

1) Can this servant maid claim any of my father's property? We heard our dad already wrote her as nominee in his pension file.

2) As we brothers all, especially me told my dad many times to leave that maid, in anger he replied me that
he wont write any property on my name, he only will give it to my two younger brothers. Can I claim my parents property now as I feel our father can write property to some xyz by listening to that maid.

All property my parents got was earned by both my parents not just by our father.



 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

She might have been his maid servant previously but now she is his wife. So as a legally wedded wife she has equal rights in the property of your father along with his children from his first marriage after his death.

Your father can give away his self acquired property to anyone, you cannot stop him. However, you can claim a share in your mother's property.


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