Rights of children of first wife daughter on father's property
28-Feb-2023 (In Property Law)
We are Hindus,My father has two wifes,my father is alive,i am the daughter of first wife and i am married,,first wife was expired,second wife has 4 sons and 2 daughters all are married,second wife children started wasting the money of my father for their enjoyment and about my share second wife childrens and my father are saying that you dont have any right,Can please suggest me about my right on my fathers property.
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.
Hindu Succession Act deals with the distribution of the property of the propositus, among class I heirs.
If your father died with out creating a will or document regarding his properties, all the properties divided in between son in the first wife, second wife and her children’s equally. father crated a sale deed or settlement deed in his life time ,no body can easily challenge the same.
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.
Hindu Succession Act deals with the distribution of the property of the propositus, among class I heirs.
If your father died with out creating a will or document regarding his properties, all the properties divided in between son in the first wife, second wife and her children’s equally. father crated a sale deed or settlement deed in his life time ,no body can easily challenge the same.
In what situations are daughters not eligible for property?
If the father has not died and the property was transferred to his sons or grandson, the daughters do not have a right to it. If the father has died and the property was transferred by a will, the daughter can challenge the will on any valid grounds. 13-May-2023
What are the rights of first wife's children?
Answer: The son of a first wife has the right to inherit the property of his father, provided that the personal laws apply to the father. 29-Jan-2023
Can second wife children claim property?
Due to the legal sanctity of this second marriage, the second spouse and her children may claim their property rights as the legal heirs Class-1 of the husband. Both the children of the first and second wives will be entitled to equal property rights. 26-Oct-2023
Is married daughter eligible for father's property?
Daughters right to property after 2005
In India, as we have discussed, daughters now have the same claim on the fathers property that sons do. The same applies to daughters who are married.
A daughter is entitled to the same property as her mother. The Act does not make a distinction between daughters who are married and unmarried. She has the same rights to her mothers property as her brother and father.
Rights of second wife after first wife death
right of wife in self-acquired property of husband
Property division between two wives
Child from first marriage
Married Women's property rights in India
Women's property rights in Indian law
Father property rights to son and daughter
Property distribution law in India for daughters
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.
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