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Ashish Sawant (Graphic Designer)     01 November 2017

Second wife's rights on property

Hi My mother died 17 years ago and my father got married again and we are two sons of first wife's and second wife dosent have any children. I want to ask that can my my fathers second wife claim or sale the property that is the house we live in without our permission after fathers death ?


 7 Replies

Vijay Raj Mahajan (Advocate)     01 November 2017

If your Hindu father died intestate ie without making a Will in favour of his second wife,than you both sons along with the second wife are having one share each in his property. His second wife cannot sale the house without your permission/consent and after the sale you both get one share each of the proceed received and she gets one share.

manoj   01 November 2017

Second marriage during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. The second wife in India have little protection under the law. 




Vikas Hedau (Advocate)     01 November 2017

if father has not left any will then , she can claim or sell only upto her share that is 1/3 rd , After death of your father she is also got legal right in property

SHIRISH PAWAR, 7738990900 (Advocate)     01 November 2017

Your step mother, you and your brother will have equal share in your father's property in absence of will of your father. And your step mother cannot sale father's property without your consent / noc / behind your back.

Vikas Hedau (Advocate)     01 November 2017

All of three can sell proprty but only to extent to their share in property as they , after death of father/husband became absolute co-owners even though property is unpartitioned

Advocate Bhartesh goyal (advocate)     01 November 2017

In case your father dies intestate then you your brother and yo�r step mother will get equal share ( each will get 1/3 share ) .your st�p mother alone can not sell the property belongs to your father.

Ashish Sawant (Graphic Designer)     02 November 2017

Thanks for to all for the reply now every thing is clear thank-you so much..

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