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Father did second marriage any share of the women in property


12-Nov-2023 (In Property Law)
my dad married a women after 1 yr of my moms death. he is 60 yrs now.now she is pregnant.she also written a legal paper that she doesn't want any property,also she received amount of 7 lakhs in her bank a/c by my father before marriage itself. my question is, does she or her coming baby has any share in our property? we belong to SC , Indian.how can we face the upcoming consequences because of her.
Answers (2)

Answer #1
985 votes
Hello,

The woman is a legally wedded wife of your father and she and her baby will have the same right as you will have over your father's property after his death. Okay as you say that she is a gentle woman and she may not claim any property for herself as she has received 7 lakhs before marriage and also executed a legal paper saying that she is relinquishing her right and interest in the property but your still to be born step-brother or step-sister can claim the property once they become majors as he/she may not be as kind hearted as your step-mother. Feel free to contact me for any assistance.
Answer #2
859 votes
Hi
Yes,
The child in the womb of your step mother is also entitled to claim a share of your father's property.
Though your step mother has written on a legal paper that she does not want any property, the relinquishment at the life time of your father is invalid.
So your father should choose to execute a will or a gift deed or partition of properties to decide on the succession of properties. If there is no will or gift deed, the properties of your father after his life time will devolve on all the legal heirs(including the child in the womb and step mother)
Hope this information is useful

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