Hi, This is Ravi( name changed for privacy purposes). We are 3 siblings and My mother passed away a year ago. My father is now willing to marry someone else who already has two kids. In this, who are the rightful heirs of my grandfather's assets and my father's assets and his future income? Thanks.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
On grandfather demise your grand mother , your father and his siblings would be legal heirs
2) you have no share in grand father self acquired property
3) on your father demise intestate ie without a will your step mother , you and your 2 siblings would be legal heirs
4) step mother 2 kids have no share in your father property
By marrying again only your step mother will become your father's legal heir and not her children until the children are legally adopted by a registered adoption deed by your father.
In fact the share of your grandfather's property inherited by your father shall become his own and absolute property.
To add more details My grandfather and grandmother passed away long ago. And all properties were shared across my father's siblings. All the assets my father got from my grandparents are registered on my father's name. So, if my father writes a will to my stepmother including the assets he received from my grandparents, what reply the right I have?
Father can execute will bequeathing property to his second wife
you would not have share in property in said property in case father executed will in favour of second wife
Your grandfather assets will devolve on your father as he is a class 1 legal heir. Grandson is excluded when son is living
The father's assets will devolve on his mother (your grandmother, if she is living), widow and children
The children include both from first and second wife
However this is assuming that your father has not transferred his assets during his lifetime or made a Will for the same
You have a right in father's assets only if he dies intestate
The father's assets would also include the property which he inherited from your grandfather
The answer is given on assumption that only self acquired property is involved and there is no ancestral property
father acquired the property from grandfather as a gift or , it will not be regarded as an ancestral property. A son can claim his share in an ancestral property even during the life time of his father.
Your father has right to decide with whom to share the property, you cannot claim your share.
Incase if your father demise without a will then property goes to all legal heir class 1 i.e wife, sons, daughters, step wife children don't have any share.
The children of your step mother will have no right on the ancestral property but of course your stepmother have all the rights as a wife and in case of death of your father will have the share year in the property if he days before your stepmother
The will on the ancestral property is not valid as all the legal hairs have rights on the property from the day they come into womb of their mother.
1. On the death of your father all his movable and immovable properties are liable for equal distribution among his wife and children.
2. So your mother along with 3 of you have already inherited the share of your father an the right of your mother over this inheritance has nothing to so with her decision to remarry.
3. In other words she and all of you siblings will continue to have your respective rights over your each share in the property of husband and her future husband will have nothing over it during the lifetime of your mother.
See if father donot adopt the kids of second wife then you three siblings along with the second wife shall have right on the property of father and property that father received from grandfather if there is no will or gift made by father.
If property father inherited are partitioned so it is same like self acquired properties so if father makes a will in favour of step mother or anyone you have no right to contest.
The ancestral property he can't write will for the same. He can only include self acquired Property in that will. You will have right in the property being the class 1 heir
Hello,
Yes your father can do will in favour of his wife and her children , but he cannot deprive any of you.
Regards
Dear Sir,
Always say that such properties are ancestral properties and further say that you have a share in the said properties. If those properties are considered as self acquired properties then you will loose your right of share and your father may execute Will in favor his second wife. Immediately file a partition suit and get a stay order restraining your father from executing any document in favor of any third party including proposed second wife and her children in respect above properties.
Dear Client,
In his life time, non have any right and after his intestate death, his assets will inherit by 1/6th each. And he can bequeath his property to any through WILL or GIFT and disinherit any kid or wife.
You cannot stop your father from transferring the properties lying on his name to any person of his choice.
Since he has inherited form his father and got it registered on his name, it becomes his own and absolute property hence any legal action taken by you in this regard may not fetch you any fruitful result, it would be a mere waste of time, money and energy.
Instead you can try any other alternate mode to convince your father to give some property to you and your siblings besides your step mother.
1) You father has rights to WILL his share from ancestral property and not all your siblings share to her.
2) So you and your siblings will be getting full share in the ancestral property as per Indian Succession Act.
3) For further details you can contact me.
1. The children of your would be step mother will have no claim on the shares of your grandfather's or father's properties.
2. They will have the said claim on your father's properties along with you if they are taken in adoption by your father.
1. The assets of your grandfather are no longer of your grabndfather but that of your father now.
2. He can register a gift deed or will in favour or anybody he feels like which can not be objected by you.