LawRato

Can son of first wife claim right in father's self acquired property


25-Apr-2023 (In Property Law)
1 son & 4 daughters from first marriage. All well settled. My father legally settled his property to his second wife(legal marriage) and her son from his own earning(not ancestral). As a son can i file a case in court asking for a share in property. Hindu Family.
Answers (3)

Answer #1
581 votes
In case of Hindu male, he has absolute right to dispose his self acquired property as he wishes. After execution of the settlement deed as described by you, first wife's son has no right to claim any share in the property.
People also ask

Can son in law claim father in law property after his wife death?

Indirectly, son-in-law has a right to the property of father in law. According to the Indian Hindu Succession Act of 1956, the Hindu male's property that died intestate devolves to his class 1 heirs which includes his wife, children and mother.

Can second wife children claim ancestral property?

Even in cases of illegal marriages, the second wife and her child have the right to maintenance, under the Hindu Adoptions and Maintenance Act 1956. Children of the second spouse from previous marriages have no right to the property left by the deceased husband.

How is property divided between children of two wives?

Property is distributed equally among the legal heirs in Class 1. All children, regardless of whether they have two mothers or the same father, are considered Class 1 heirs. The property will therefore be divided equally between all the children.

Can a son take property from father?

A son does not have the right to inherit his father's assets as long as his father is still alive and able to manage his affairs. The father is entitled to decide how he wishes to use his property and whether or not he will pass it on to his children.

  
Answer #2
859 votes
It is not clear whether your father's first marriage was legally dissolved before his second marriage. Assuming proper legal divorce, all your father's children would be equally entitled to a share in his estate.

Answer #3
398 votes
Answer: The son of a first wife has a legal right to inherit the property of his father, but only if the father is governed by personal laws.
Helpful? LawRato LawRato

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

K k singh
Property purchased in first wife name, after death of wife, transfers d to 2nd wife, can 1st son claim for property

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