Rights in property
parminder630
(Querist) 27 September 2013
This query is : Resolved
Dear All,
Hello,
Need your advice. I had a brother whom we had lost 2 years back . Now his widow got re married . She has no connections/ relations with our family rather she is not allwoing us to meet our nephewwho is 4 yaers old at all after her re - marriage.
What right she has in the propert of my mother (If my mother will not write any will ) can she claim anything in her property . Or in our inhertitance property.
Pls advice.
Thanks for your valuable time.
Dr. Jyothi Vishwanath
(Expert) 28 September 2013
She herself has no right in your mothers property. But her child has right in the property.
Child's right she can claim.
ABDUL RAZIQUE
(Expert) 29 September 2013
After marriage she belong to other family member and her right is related to that newly connected family but your nephew is till now the heir and successor of your family and his right is stand still till adopted by the newly father.
Dr. Jyothi Vishwanath
(Expert) 29 September 2013
Even if he is adopted by the new father, he will not lose right in the property of the real father. Adoption does not divest the vested rights.
Thus the mother of the child can claim share of the child in her first husband property.
parminder630
(Querist) 29 September 2013
Dear Sirs,
Thanks a lot . But I was searching the net and found that-
Widows can get share of property after remarrying: SC
Actually this female is harrseeing us and not allowing the grandmother and us to meet grandson after remarrige . We would want that kid get all his rights only after attaning 18 years of age.But my mother do not want to give even penny to this female as she is tourchering her a lot and not even allowing her to meet her only grandson.
She even said that she will even use her new husband's name for this kid though he is the only grandson of this house.
