Property share


My father has 2 wife’s wife1 has only one son and w2 has 1 son n one daughter, first wife n son left my father n after that my father did 2nd marriage n no contacts to first wife n her son. My father has no property before 2nd marriage, After 2 nd marriage my father has made some property, now my father sold that property to buy new property in different location. At suddenly 1st wife son came n asking property share because of my some relatives does not digest to buying property with that relatives help w1 son asking share?
1. Is w1 son have any legal right to ask share
2. Please suggest wat to do
 
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Advocate

 If the property purchased your father his own and sold during his own interest then the claimant have no right on it. What is your father now? 


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They can claim maintenance ,if it is ancestral he has right.self no.

 
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He is alive, and he is not intrust to give share to w1 son. 
 

Is it possible to gift that property to w2


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He can gift if it his self acquired property.

 
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Buyer asking promissory note from w1 son ? Buyer have fear about w1 son will do objection?

so is it possible to gift w2 or w2 son and then to sold property 

 
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Retired employee.

After 5 replies, you are not satisfied though the guidance is with more clarity.

If it is the self-acquired property of your father, he can deal with that property as he likes.

If certain disposal of ancestral property or some involvement of ancestral property, irrespective of its value is involved in the property to be sold now, the first wife son is having such rights for a share along with other co-sharers.

There is no clarity on the first wife and if the marriage for the second time is legal after divorcing the first wife.

If second marriage was during the lifetime of the first wife, without divorce, once again gifting of ancestral property to the second wife is not legally valid.

Contact a local advocate and defend if your eldest brother issues such notice.

 
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Retired Manager

As long as your father is alive, nobody can claim share in his self acquired property.

 
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Advocate

 promissory note ?  what necessity for ?

 For abundant caution the buyer may ask the Signature of your 

W1 son. But not required for this scenario

 
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Advocate

The facts posted are confused and disjointed. Initially you had posted, "After 2 nd marriage my father has made some property, now my father sold that property to buy new property in different location".   Admittedly, your father  has already sold the property and is in the process of buying a new property from the proceeds of the sale.

However, the subsequent posting suggests "Buyer asking promissory note from w1 son ? Buyer have fear about w1 son will do objection?" Which buyer? Which property?

It appears that the facts posted are less than honest and there are deeper issues. Please post complete facts.

 

 
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