Mani 18 April 2021
Sankaranarayanan (Advocate) 18 April 2021
If the property purchased your father his own and sold during his own interest then the claimant have no right on it. What is your father now?
Shashi Dhara 18 April 2021
They can claim maintenance ,if it is ancestral he has right.self no.
Mani 18 April 2021
He is alive, and he is not intrust to give share to w1 son.
Is it possible to gift that property to w2
Shashi Dhara 18 April 2021
He can gift if it his self acquired property.
Mani 18 April 2021
Buyer asking promissory note from w1 son ? Buyer have fear about w1 son will do objection?
so is it possible to gift w2 or w2 son and then to sold property
G.L.N. Prasad (Retired employee.) 19 April 2021
After 5 replies, you are not satisfied though the guidance is with more clarity.
If it is the self-acquired property of your father, he can deal with that property as he likes.
If certain disposal of ancestral property or some involvement of ancestral property, irrespective of its value is involved in the property to be sold now, the first wife son is having such rights for a share along with other co-sharers.
There is no clarity on the first wife and if the marriage for the second time is legal after divorcing the first wife.
If second marriage was during the lifetime of the first wife, without divorce, once again gifting of ancestral property to the second wife is not legally valid.
Contact a local advocate and defend if your eldest brother issues such notice.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 19 April 2021
As long as your father is alive, nobody can claim share in his self acquired property.
Sankaranarayanan (Advocate) 20 April 2021
promissory note ? what necessity for ?
For abundant caution the buyer may ask the Signature of your
W1 son. But not required for this scenario
P. Venu (Advocate) 20 April 2021
The facts posted are confused and disjointed. Initially you had posted, "After 2 nd marriage my father has made some property, now my father sold that property to buy new property in different location". Admittedly, your father has already sold the property and is in the process of buying a new property from the proceeds of the sale.
However, the subsequent posting suggests "Buyer asking promissory note from w1 son ? Buyer have fear about w1 son will do objection?" Which buyer? Which property?
It appears that the facts posted are less than honest and there are deeper issues. Please post complete facts.