Property rights of second wife
Sudha yerbagker
(Querist) 20 November 2015
This query is : Resolved
My mother, being the second wife is lawfully wedded to my father after the first wife's death and I the only daughter have recently got ourselves entangled in property rights of my father. My father has 3 daughters from his first marriage who are all well settled and married. My father being 81 years old holds complete ownership of the property which he had acquired in the past. My mother has also contributed in the maintenance of the property and taking care of all the children financially and emotionally till we all settled. Thereafter I and my husband have also contributed financially in taking care of our retired parents by allowing them to enjoy the rent received from another property which I own. All the children from the first wife live quite far and have not involved themselves much in the maintenance The query is without the addition of my mothers name in the property what rights and chances do we hold on acquiring the property after my fathers death.
Sudhir Kumar, Advocate
(Expert) 20 November 2015
your father can write the will.
or else
after his death it will be divided 50% bettween childre of both wifes.
Rajendra K Goyal
(Expert) 20 November 2015
If the property is in the name of your father, he can bequeath it in favor of any one he wish.
Otherwise, daughters of first wife would get share in the property of your father after him.
P. Venu
(Expert) 20 November 2015
During his lifetime, your father can dispose of the property at his discretion. Property of person dying intestate i.e. without making a will devolves equally upon all the legal heirs, Class I.
K.S.Srinivas
(Expert) 22 November 2015
Agreed with Sri P.Venu.
