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Sandeep Dakhneja   10 June 2017

Deceased wife's child's rights in property of second wife

Hi Experts,

my mother is second wife to my father my father had three children 2 daughters 1 son from first wife and 1 son from his second wife 

varrious propertirs are purchased in name of his second wife 

i wanted to know that what are the rights of children from first wife in properties purchased in the name of second wife who can claim the same and does children from first wife count a blood relation with second wife.

 

please reply

 

thanking you



Learning

 9 Replies

Kumar Doab (FIN)     10 June 2017

It is believed that you are all Hindu.

confirm.

Kumar Doab (FIN)     10 June 2017

Originally posted by : Sandeep Dakhneja
Hi Experts,

my mother is second wife to my father my father had three children 2 daughters 1 son from first wife and 1 son from his second wife 

varrious propertirs are purchased in name of his second wife 

i wanted to know that what are the rights of children from first wife in properties purchased in the name of second wife who can claim the same and does children from first wife count a blood relation with second wife.

 

please reply

 

thanking you

 

The second marriage is legally valid?

The query does not clarify if father married 2nd time after legally divorcing 1st wife or after death of 1st wife.

Kumar Doab (FIN)     10 June 2017

In case of Hindu woman, nature of proeprty and its source may matter.

Sandeep Dakhneja   10 June 2017

Yes we are hindu and father married again after demise of first wife and properties in her name are immovable properties a house and a shop

Sandeep Dakhneja   10 June 2017

Hi Experts, my mother is second wife to my father my father had three children 2 daughters�1 son from first wife and 1 son�from his second wife� varrious propertirs are purchased in name of his second wife� i wanted to know that what are the rights of children from first wife in properties purchased in the name of second wife who can claim the same and does children from first wife count a blood relation with second wife. we are hindu and father married again after demise of first wife and properties in her name are immovable properties a house and a shop � please reply � thanking you

Sandeep Dakhneja   10 June 2017

Hi Experts, my mother is second wife to my father my father had three children 2 daughters�1 son from first wife and 1 son�from his second wife� varrious propertirs are purchased in name of his second wife� i wanted to know that what are the rights of children from first wife in properties purchased in the name of second wife who can claim the same and does children from first wife count a blood relation with second wife. we are hindu and father married again after demise of first wife and properties in her name are immovable properties a house and a shop � please reply � thanking you

Ms.Usha Kapoor (CEO)     11 June 2017

If  the 2nd wife has any love for thechildren of 1st wife there is a likelihood of  her giving away some  properties to  1st wive's children. Since properties are in her name she enjoys full ownership  rights  and she can sell, bequeath, morgage, lease, etc of thes eproperties including gifting away or will away them to her own children.

Dr J C Vashista (Advocate)     11 June 2017

Whatever property purchased in the name of either of the wife (first or second) female it is her (absolute) property and shall devolve upon her children on her intestate demise.  

You are required to give all relevant details of fact and show documents qua properties with respect to title of each property to a local lawyer for proper appreciation, analyses, discussion, and guidance as the information provided by you in this query is incomplete and vague.

P. Venu (Advocate)     11 June 2017

The property belongs to the second wife; she can dispose of the same at her discretion during her lifetime. The property left intestate would be vested in her legal heirs.


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