Property right of son of first wife
Reena Khanna
(Querist) 07 March 2016
This query is : Resolved
Mr. A has two sons. His wife died in 1982. Age of two sons was 2 and 4 years respectively at the time of death of their mother. 'A' gets married to another woman in year 1985. He has one daughter from his second marriage. Now, 'A' does not want to give any property (inherited from his father as well as self occupied)to his sons from his first wife. Can his two sons from first wife claim any property from their father. Both sons are major now?
adv. rajeev ( rajoo )
(Expert) 08 March 2016
Sons have got share in the inherited properties of the father i.e., father's father
Rajendra K Goyal
(Expert) 08 March 2016
Sons have no share in the property of his father during his life time, they can claim if their father expires intestate.
Reena Khanna
(Querist) 10 March 2016
Thanks. But, i have received two contrary views. Pls clarify.
P. Venu
(Expert) 01 May 2016
The sons have a share in the ancestral property, if any, held by the father. The question is whether the property is ancestral.
Else, they, as legal heirs, can succeed any property intestate after father's lifetime.
