ankit.mrcool 28 November 2011

Share of second wife in inherent property

Dear Sir,

After death of my mother, my dad has married another woman.. She has two chidren also.. these children ara not staying with us..

plese tell, is She eligilble to claim any amout in our Inherent property and what is the postion for the propery earned by my dad.. Will Her children also get any share..

please help me with this matter.. I'm very worried about it...

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5 Replies

M.Sheik Mohammed Ali (advocate) 28 November 2011

yes, all legal heirs having rights,

1 Like

Advocate Vishnu (Advocate) 28 November 2011

Dear Ankit,

Are the two children of your step mom from her earlier marriage..?

1 Like

Krish Narayan (Advocate) 29 November 2011

@ Dear Ankit,

//Are the two children of your step mom from her earlier marriage..//

GOOD QUESTION...

At the same time, as per Hindu Succession Act all are having equal rights in the ancestral property. As far as self acquired property is concerned, your father can execute a Will and dispose it.

If your father got the ancestral property by partition, then it is his s.a.property, if at the time of such partition, your father had no issues born.

1 Like

ankit.mrcool 29 November 2011

agree.. But the question is, who are the legal heir.. my father hasn't adopted the children of his second wife..

ankit.mrcool 29 November 2011

I appreciate all the replies.. but, this has not served my purpose yet.. It will be a great help to me if you quote me legal provisions and refernce of any case law..

I am giving some more information on the subject.. please consider it..

The Two children of the second wife of my Father are from her first husband who has died..

I want to know, Are these children will be considered as legal heir of my dad (My dad hasn't adopted them nor do they stay with us )..

Can these Children and their mother claim anything from the 'anccestoral property'..

please note- my dad is the only son of my Grandpa.. and After his death.. All the propety vest in him through Inheritence.. s