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Property & will releated query
30-Jan-2025 (In Wills / Trusts Law)
Hi,
My son is died and his wife remarried to someone and has two kids. I have another son with his wife and tw0 kids. We have one property.
Now my query is that my died son's wife remarried. Can she claim in our esisting property? We dont want to give her any share as she has already taken all belongings, LIC , Cash & jewellery..Also her behaviour was very bad towards us and without any information she remarried. What steps wwe should taken to secure this?
The first and foremost step is to make a will in respect of your properties which belong to you, to avoid any dispute in future. As far as your daughter -in - laws rights are concerned, it is clear from your query that she is remarried and therefore now cannot even claim residence rights in your property, the children of your deceased son can however claim their rights in your property. That's why you are advised to make a will according to your wish to avoid any such disputes.
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Adv. Mohit Rajput
Delhi | 200+ Answers
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Wife of deceased son can claim her right and share in the ancestral property as per Hindu Succession Act. Her remarriage can not take away her right in the property. For any further query feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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You ex- daughter in law cannot claim any right in the property owned by you. She might have had maintenance rights, but since she has remarried, that right also does not subsist anymore. Although, if your late son had any children, they would have a right in their ancestral property but not any property acquired by you. Feel free to reach out for further assistance.
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Adv. Vidit Agarwal
Delhi | 25+ Answers
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in your circumstances, I will suggest you to go ahead with registration of a Will as according to me the wife who left became the co owner upon the death of her husband. merely marrying other person doesn't go away with the rights already transferred to her as per succession.
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Adv. Deepanshu Garg
Delhi | 200+ 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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