How to claim rights from father living with his first wife

605 votes

Children’s have no right to get share in the self acquired property of father their parents. If the father has divorced his first wife legally then the second marriage is valid other wise it is null & void.

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.


1. During the lifetime of your father none of his children, whether from first or second marriage (which is illegal), can claim a share in the properties which are his self acquired. However, the children can claim their lawful share in the ancestral property. Your father can enter defence to contest the case filed by his son.

2. Your father is at liberty to execute a will in favour of anyone in respect of his properties.

3. If your father dies without making a will his children from first and second marriage will succeed to his properties in equal proportion

Advocate Ishan Rohan LawRato

716 votes

As a son you have every right to claim your share in his self earned and ancestral property. It does not matter whether you are a legitimate child (from first marriage) or child born out of second marriage, which is not valid in law.

Advocate Upma Shrivastava LawRato

808 votes

First of all tell the age of all the parties. Also tell that you are male or female. Don't forget, you are not illegal. your status is similar to that of the children from his first wife. At least your mother can certainly claim for her maintenance from your father. You can certainly claim in your father's properties.

Advocate Manish LawRato