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Menaka Vande (House Wife)     03 March 2011

First Marriage kid's rights?

 

Hi, I have a question.
 
My husband mother expired when he was a teenager, his father re-married a widow lady(who had two kids from her first marriage).  My father in law owns a house which was built with his his own earnings(when my husband's mother was alive).
 
My father-in-law verbally promised my husband at the time of his second wedding, that the house will be given to him eventually as he is  only son. My father-in-law convinced my husband that his second marriage purely for a partner in his old age. My father-in-law promised his second wife that he will only take care of her kids(like bring up and educate them) to his capacity, and no share in his property. All looked fine and my husband accepted his father's wedding.
 
My husband's step mom turned smart and take over the control of whole house as well as my father in law  emotionally in 10 years. We(me, my husband and son) are almost side-lined from my father-in-law's eye and house.
 
What I want to know, incase my father-in-law writes a will in favour of his second wife, does my son or husband can challege in court? Or if my father-in-law write a will in favour of my son/husband, does his second wife can challenge that? My husband is the the only biological son of his father. My husband is fine with his step mom living in that house till her death, but he doesnt want the house to go to her first marriage kids.
 
Some legal pundits, please let us know what we can do?
 
 
Thanks 
 
Menaka
 
 


Learning

 5 Replies

leena (student)     03 March 2011

Menaka,

 

What i think is according to Hindu Law, the property should be divided to your husband (your father -in -law real son) and his step brother or sister equally. As only verbal promise made in front of no other outside witness does not contains any validity as you cannot prove it in front of court, who always demand for witness or proof.

Bhartiya No. 1 (Nationalist)     03 March 2011

As u mentioned that the property is self acquired by ur FIL, so he can will anyone even to me, no one can challange. 

It will be better u get that willed in ur favour and get registered also with favourable wintnesses.

Also, u may post this query in section CIVIL, PROPERTY and Expert of this site for better expert opinion.


(Guest)

The property is self earned by  your FIL.So he can give it whom he want to give..If he make will in favour of your step MIL then she will get it after him.

Menaka Vande (House Wife)     04 March 2011

 

Thank a lot guys.

Tajobsindia (Senior Partner )     04 March 2011

@ Author

 

1.     If there is no will made by FIL in his life time then your husband is entitled to 40% i.e. 20% share of his + 20% share of your husband’s deceased mother (your MIL) of the total properties of your FIL is my view.

2.      Hence based on para 1 I may suggest; file a “suit for partition” before Jurisdiction Civil Court and for allotment of such shares before the said properties vanishes to step mom’s hand in your FIL’s life time.

3.      I may like to be corrected here when I say most probably the whole property will  be divided in to 5/16 th. to each of the children and 1/16th to the surviving wife. In this case your husband will only get 31% (5/16th) where as the second wife family will get the remaining 69% ? 



However, as rightly pointed by Ashutosh the que. is better addressed in Property Law and or in Civil Laws Forum sections of this premium Legal portal site. 


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