Legal heir in mother property after her death
Querist :
Anonymous
(Querist) 06 June 2019
This query is : Resolved
Sir my mom expired on feb 2019. And she was the owner of one house and three other plots... Now my father is willing to remarry... So i would lik to ask u that
Whether my would be stepmother have any share in that property which is in my mother's name...
Sevondly, my father has assured me that at the time of second marriage he will insert a clause that his second wife will not be entitled in any property bought by my father or parental property inherited by him during court marriage ....so pls do let me know whether such clause exist and is effective or not.... And what other steps i must take to prevent such thing.... Iam his son in defence forces.
Querist :
Anonymous
(Querist) 06 June 2019
Sir my mom expired on feb 2019. And she was the owner of one house and three other plots... Now my father is willing to remarry... So i would lik to ask u that
Whether my would be stepmother have any share in that property which is in my mother's name...
Sevondly, my father has assured me that at the time of second marriage he will insert a clause that his second wife will not be entitled in any property bought by my father or parental property inherited by him during court marriage ....so pls do let me know whether such clause exist and is effective or not.... And what other steps i must take to prevent such thing.... Iam his son in defence forces.
kavksatyanarayana
(Expert) 06 June 2019
Dear querist, if your mother died intestate, all the legal heirs of your mother have equal rights over the property. so if your father marries, then step mother will not have right on the properties.
Vijay Raj Mahajan
(Expert) 07 June 2019
You are one of the heir of your deceased mother as well your father. All the legal heirs of your deceased mother have one share each in all her properties as she died intestate without leaving a Will.
Your father can only pledge his share in the inherited property of the deceased wife to anyone if he so please, you can get a Will made by your father not to make his second wife successor of that portion of the property that he got from your mother, his first wife, rest if she doesn't make any testamentary document disinheriting his second wife of that portion of the property, by law of inheritance, she becomes owner of one part of the share in the property left by your father on his death and if he dies intestate, namely without making a Will.
