Second wife son rights in father propertys

You are entitled for a legitimate share in the property left behind by your deceased father.

You may file a suit for partition claiming your share in the property.

Yes, you are entitled to get share in the properties left by your father irrespective of the fact that you are son of second wife of your deceased father.File partition suit and claim your share.

Yes.  I agree with the views of the above learned experts.

Dear Srikant,

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

The short answer to your question is YES. You have the right to claim a share from your father’s property.

But this is dependent on what kind of property you have and whether your father died intestate. If the property in question is ancestral, which means it has been passed on for four generations by male ancestors and has not been partitioned, sold, or divided in this time as per the Hindu Succession Act, 1956, then the deceased’s children have equal share and right over the property. This means that he cannot give this property to just one specific child leaving behind the rest, as all these children, irrespective of the fact that they are from his first or second wife, have equal right to claim this property, and therefore may sue their father in court if a situation similar to the above mentioned one ever happens. And after his death, all his children may have equal claims to the same.

If the property in question is instead self-acquired, then there is one more thing to consider; whether your father died intestate or had prepared a will before his death. If your father had prepared a will before his death, then his children shall have no right to question this will if their names are not on it, i.e as it is a self-acquired property, it is completely upon the testator to decide who may inherit his property, and his legal heirs cannot pose any legal objection to this if their names are not on the will.

But if your father died intestate, then the legal heirs possess the right to claim their share of this property as per Section 8 of the Hindu Succession Act, 1956. As per the same, the son, irrespective of the fact that they are from the deceased’s first or second wife, is a Class I legal heir to the deceased male’s property. Therefore any one of the legal heirs cannot revoke the other’s claim to what is their rightful property.

Therefore, as long as your father died intestate or as long as the property is ancestral, you may have the right to claim this property. If the legal heirs are not ready to share this property, you may file a partition suit in the respective Court to partition the property equally between all the heirs. Do note that the partition suit must be filed within twelve years from the day on which the property was claimed, as per the Limitation Act, 1963.

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

Regards,

Aadil