My mother has expired and father divorced my mother before her death. We are 3 children. My father married another lady second marriage and they have their own two children. I have two questions.
1. I heard from relatives, after they knew the law point as, we 3 children ( Fathers first wife children) may claim for his property share, after his death, all my father's earnings (bank balance), property registration (Own house) are all maintained in my father's second wife name. Still , my father is alive.Cleverly, he would have written will too, to give all his money to second wife children. In this case, is it possible to ask for any share of his earnings?
2. Any way to know by legal notice , whether he has all the money and property , bought by his own earnings or through any ancestral property, he got any money.
Because, if he refused to give any share or moeny to us (first wife children) from his own earnings. atleast from ancestral property some share should come to us. right ? . Please advise
Jaffer!
A person who earns money and make property frpm his own income has a right to dispose it off as per his/her own wish and will. With regards to the Ancestral Property, it is for the claimant to find it out and stirike a claim upon it afte the death of the parents. So in this case, if your father have made any will then his money, property and investments will be distributed as per his will. Wehreas, in case of ancestral property/s, you need to find out the details of your own and put a claim upon them after your fahter death.
Regards
Adv. Rohit Dalmia
