Girl rights on fathers property

As per Indian Law a person can give his self acquired property to anyone through Will.

Girl's right over the property of her father is to the same of his son in case the father dies intestate or the property is of ancestral nature. Only In case of a self acquired property the father has right to give it collectively or individually to any one even to his son entirely.

Agreed with Mr. Bali.

Very Good evening to all

After marriage and having one daughter(A) my uncle's wife left my uncle and got married to other person. But My uncle took care of the daughter and done her marriage with other guy. In the mean while he(my uncle) also got married to other woman(OW). My uncle's daughter(A) did not care the words of my uncle and left the husband and went with other guy. So from that point of time there was no relation between my uncle and her daughter(A). There were no children for my uncle and her present wife(OW) Recently he passed away. He has a 2 properties one which was acquired from ancestors and one is his own. Recently he passed away .So Please tell me whether my uncle's daughter(A) has any rights on my uncle's property.

Note: My uncle wrote will in the name of his wife only(OW).. Please suggest me in this situation.

@Praveen Kumar:  You have not mentioned the nature of property in the hands of the father.  Assuming it as the father's self acquired property, the father has full rights to dispose the same as per his will and wish to anyone of his choice. He can make a gift dd or settlement deed o his son alone or to his daughter alone or to any other third person too during his life time, the daughter or his son cannot claim a share in it as a right.  The father can bequeath the property to the beneficiary(s) by executing a Will too for making an effect after his life time.

@Sivaji: First of all you should use your own thread to post your queries seeking clarification, in others post, you can give a reply if you know.

Now to your query:

Your query appears to be academic and hypothetical.  However, my opinion to your query is that if the first wife was legally divorced and their marriage was dissolved by a decree of divorce, she has no claim in the intestate properties of her deceased ex-husband. But the daughter who still remains a daughter has a right to a share in the share of the ancestral property in the hands of her father, so if the father had executed a Will over the property for which he has no proper title, the will cannot be enforced, she can challenge the Will and seek a share in the ancestral property by filing a partition suit.  If the father had bequeathed the properties (self acquired) on the name of his second wife through a Will, the property will remain with the second wife only, the daughter's dispute seeking a share in it may not fetch fruitful result atleast legally.

Query repeated at:

https://www.lawyersclubindia.com/experts/Legal-heir-problem--524401.asp