Second wife daughter have right in property after father write register will to there sons

The second wife or her daughter don't have any rights in her husband's self acquired property hence they cannot claim any share in it as a right.

Neither facts nor query is clear, being a hypothetical academic exercise, isn't it ?

The query is repated  and in circulation from 2018

( 1 ) No

( 2 ) No

Dear Harinadha,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is NO. The mother or daughter cannot claim any rights over the property.

This is under the assumption that the property in question is self acquired. If the property in question is ancestral, the daughter being a legal heir may have a claim to the same as per the Hindu Succession Act 1956. For a property to be considered ancestral, it must have been passed on for four generations by the male ancestors, without being divided, partitioned, or sold. 

Assuming the property is self acquired, the second wife or daughter cannot have any claim towards the father’s property, unless he had died intestate. The legal heirs cannot have a claim to a deceased male’s property unless he had died intestate, as per the Hindu Succession Act, 1965. Since that is not the case and he has made a will transferring the said property to his two sons, it cannot be questioned in court. 

Therefore, the second wife or the daughter cannot raise any objection regarding their rights over the said property as such rights do not exist.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil

Dear Aadil

 

Thank you so much