LawRato

My father as done two marriage Frist wife was dead after that second m


04-Aug-2026 (In Property Law)
After my father death property my was moved to mother name on that Frist wife children ware field case's
Answers (4)

Answer #1
823 votes
Mere mutation of the property in your mother's name after your father's death does not make her the absolute owner if the property is ancestral or if other legal heirs have a share. If your father had children from his first wife, their rights depend on whether the first marriage was legally valid and on the nature of the property. Generally, all Class-I legal heirs are entitled to their lawful share in the self-acquired property of a deceased Hindu dying intestate. The first wife's children can file a suit for partition and separate possession if they have a legal share. Please provide details regarding the nature of the property (ancestral or self-acquired), whether your father left a Will, and whether both marriages were legally valid, for specific legal advice.
Helpful? LawRato LawRato
Answer #2
838 votes
Mutation of the property in your mother's name does not by itself extinguish the legal rights of other Class-I legal heirs. If your father's first wife's children are legal heirs and have already filed a suit, their claims will be decided by the court based on the nature of the property, succession law and supporting documents. Immediately contest the case by filing a detailed written statement with all title and succession records. Until the dispute is finally adjudicated, avoid selling, gifting or creating third-party rights over the property.
Helpful? LawRato LawRato
Answer #3
954 votes
hi first need to see the contents of the case filed by the and the notice received and that if they are based on all false allegations then you could file counter affidavit in the matter and deny those allegations
Helpful? LawRato LawRato
Answer #4
591 votes
If your father’s property was transferred/mutated into your mother’s name after his death, the legal position depends on how the transfer was made and whether the property was self-acquired or ancestral/joint family property. Mutation in revenue/municipal records by itself does not generally confer title. If you and the children of your father’s first wife are legal heirs, their rights may also have to be considered. If the transfer was made without the consent/release of persons having a share, you may have grounds to challenge it through appropriate declaration, partition and/or cancellation proceedings, depending on the documents. You should first obtain the title documents, death certificate, legal-heir details, mutation proceedings and any settlement/gift/release deed on the basis of which your mother’s name was entered. For detailed legal advice and representation, you may contact us through our LawRato profile.
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

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."