attitude 143 31 August 2021

Legal issue

Hello Sirs, My father was a govt employee who died in service and he married the first and having one son and after the death of first wife. he legally remarried. Second wife having one son. At the time of death both children's are minors. The second wife got compassionate job and we settled particular amount for a first wife child. Now first wife son became major and saying to give a share in monthly earnings of second wife job. orelse he is stating like file a case against second wife , so was the second wife's job will be in any danger ( her job got permanent too)

Thanks in advance..

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Quick Summary

This discussion addresses a legal query regarding inheritance rights after a government employee's death. The original poster's father remarried after his first wife passed away. The father died while both his sons were minors. The second wife secured a government job, and an amount was settled for the first son. Now that the first son is an adult, he is demanding a share of his step-mother's salary, threatening legal action if his demand isn't met. The consensus from the responses is that the step-son has no legal claim to his step-mother's earnings, and her permanent job is not in danger.

6 Replies

Dr J C Vashista (Advocate) 31 August 2021

Job or earning from the job of step-mother can not be shared.

1 Like

Advocate Bhartesh goyal (advocate) 31 August 2021

No, now second wife's job can not be challenged nor first wife's son has legal right to claim share in earnings of second wife.

1 Like

G.L.N. Prasad (Retired employee.) 31 August 2021

It is a mere threat, and legally it is not possible for any cause of action, and he is already a major. At the most he can claim a share in the self-acquired property left by his father without a will and if such settlement was not done earlier.

1 Like

H.JanakiManohar Rao (lawyer) 31 August 2021

both are binding to the contract..If any breach approach the court for specific performance.

1 Like

P. Venu (Advocate) 31 August 2021

Yes, the demand has no legal basis. The boy is no longer a minor and he needs to take care of himself. the High Court/Administrative Tribunal would throw out the case on the first hearing itself.

1 Like

attitude 143 16 September 2021

Heartful thanks🙏 for each and everyone who commented and cleared my query.