LawRato

Can Children of 1st wife claim share in 2nd mother's property ?


02-Nov-2023 (In Family Law)

my dad has 2 children from 1st marriage and got divorced 40 years back. And now 2 marriage 3 children's including me.and now my question is that my mother 2 wife have got property purchased within span of ten years so do children of 1st wife can claim share in my mother's property in future. My mother doesn't want to give any share to children of first wife and she wants to write will in our name (3 ) children. Will the will be a valid document in future.

Answers (2)

Answer #1
384 votes

No if the property is in your mothers name then the childeren of second wife cannot claim right on the property. We suggest that your mother should make a will and get the same registered 

Answer #2
927 votes
Yes, your mother has got every right to execute a will as per her wish since the property is purchased on her own with her funds. It is considered as her self earned property if the property documents stands in her name. the children of the first wife of your father do not have any right to seek for a share.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."