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Do children from second marriage have right over parental property?
01-Sep-2023 (In Wills / Trusts Law)
I want to will my will my house to my elder son who also lives with me. I have two younger children from my second marriage who I feel should not have a claim in this house as my elder son and me have paid for this house. Also the have enough property themselves. Whereas my elder son will have this house only if I will it to him. How can I safeguard the welfare of my elder son.Can my will be contested by my two younger children ?Is there any way that my younger children cannot have a claim over this house. Also I want to live in this house till I am alive as this is the only house I have. Please advise. Thanks.
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.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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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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