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Nithin   07 June 2020

My property rights

We are 2 children of third wife. My father has an ancestral property and when he was alive he has done a will in the name of first wife and first wife is enjoying the property and she has three children. My father got married my mother when the first wife was alive. Do we have any rights on the property which is in the first wife name? If we file a case will we get any share on it? I need a frank and real answer will we get any share or not and is it difficult to get any share If we file a case? as I don't need to waste time just need clarification.


 3 Replies

Deeksha Chugh   07 June 2020

If it is an ancestral property then you have a right over it.

kavksatyanarayana (subregistrar/supdt.(retired))     07 June 2020

You said, my father has ancestral property, and in the next lines do we have any rights over the property which in the name of the first wife.  If it is ancestral you have right over the property and which in the name of the first wife you have no right.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 June 2020

  1)Kindly specify how your father got the property and from whom?   

  2) You have specified that your mother is Third wife,then  specify the facts about the second wife and her children.

3)You have not specified whether that Will of your deceased father has been probated(or Letters of Administration) or not from the Court of Law because at that time all the children of the deceased person are entitled to get notice for contesting or uncontesting the same,however,Second and Third wife will not be entitled to get such notice because those marriages are illegal.

         It is necessary on your part to clarify the aforesaid facts to get proper answer.


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