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Abishek.Ananda (Customer care)     07 February 2022

Understanding my rights in my mom's ansisterial property

I lost my mom few years back, after her death me and my dad had the khatha of the proper that's was gifter to my mom by her father transfer to my dad as well as my name
I want my dad to get remarried, my concern is that after his marriage, does his second wife have rights over the ansisterial proper that was gifter to my mom by her Father ( khatha is currently is in my name and my dad's name )


 2 Replies

Aryan Raj   07 February 2022

Dear Abhishek,

The legal heirs are separated into two divisions under the Hindu Succession Act: Class I and Class II.

Blood relations (Father, Mother, Wife/Son, Grandchildren, Grandparents, etc.) make up the majority of Class I relatives. Other relatives are designated as Class II heirs, who are normally only entitled to the property if the Class I heirs are judged to be absent or unable to claim it.

In this case the Class I heirs are present (Your father and you) therefore the second wife of your father will not have any rights over the property which was gifted to your mother.


Aryan Raj 

1 Like

Abishek.Ananda (Customer care)     08 February 2022

Thank u sir,

Now I understood how it works, one more clarification. If my Father after his marriage has a child, the child would fall in th class 1 legal hires category right

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