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Menaka Vande (House Wife)     04 March 2011

First Marriage kid's rights?

 

Hi, I have a question. I have raised this question in family section, but a member suggested this can be right place.
 
My husband's mother expired when he was a teenager, his father re-married a widow lady(who had two kids from her first marriage).  My father in law owns a house which was built with his his own earnings(when my husband's mother was alive).
 
My father-in-law verbally promised my husband at the time of his second wedding, that the house will be given to him eventually as he is  only son. My father-in-law convinced my husband that his second marriage purely for a partner in his old age. My father-in-law promised his second wife that he will only take care of her kids(like bring up and educate them) to his capacity, and no share in his property. All looked fine and my husband accepted his father's wedding.
 
My husband's step mom turned smart and take over the control of whole house as well as my father in law  emotionally in 10 years. We(me, my husband and son) are almost side-lined from my father-in-law's eye and house.
 
What I want to know, incase my father-in-law writes a will in favour of his second wife, does my son or husband can challege in court? Or if my father-in-law write a will in favour of my son/husband, does his second wife can challenge that? My husband is the the only biological son of his father. My husband is fine with his step mom living in that house till her death, but he doesnt want the house to go to her first marriage kids.
 
Some legal pundits, please let us know what we can do?
 
 
Thanks 
Menaka


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 6 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     04 March 2011

If your father in law writes a Will, surely it will be valid as the property is self acquired one.

Your husband and the second wife of your father - in  - law will get equal share of property only in case of death without will

bhagwat patil (Property due diligence 9422773303)     04 March 2011

As the property is self acquired one ur  inlaws can dispose it by anyway. If there is any proof  that  the property is so acquired by selling   anscestral property you can try for it.


(Guest)

what can be proofs?

sanjay kumar (BE/ LLM in Corporate Laws)     04 March 2011

I feel that the second wife also has an equal right to the property as that of your husband. The property thus belongs half to your husband and half to your step-mother-in-law. Your step-mother in  law can dispose her share in any way she wants. Being a second wife is not a crime and the children of the second wife derive their rights from their mother.

Menaka Vande (House Wife)     04 March 2011

Originally posted by :bhagwat patil
"
As the property is self acquired one ur  inlaws can dispose it by anyway. If there is any proof  that  the property is so acquired by selling   anscestral property you can try for it.
"


thanks Bhadwat, actually husband's mother brought in dowry(money and gold) from her parents during her wedding. During the house construction, a part of her gold was sold, as well the dowry money was utilized. Some extra money was even gifted by her parents while constructing the house.  But as such no proofs as its all 20+ years before and every thing was cash dealings those days. Anyway we are planning to confront my father-in-law with the promise he made before his second wedding, and get things put down on paper unlike before. What type of lawyer(civil/criminal/family etc) do we need to consult for the paper work?

 

Menaka Vande (House Wife)     04 March 2011

Thanks Sanjay and Aravinthan


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