The property was your mother's and now has been transferred to you. The property belongs to you and nobody has a share in it. Not even your father.
Regards
Property rights of husband on first wives property after her death.
My mother passed leaving a property and i am the lone daughter. My father remarried and has two children from second wife. Few years back my father transferred the property onto my name. Does my fathers second wife children have rights on my mothers property.
Asked 5 years ago in Property Law
Religion: Hindu
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30 Answers
Second wife children have no share in your mother property
Hi
if the transfer has been done through an absolute transfer deed, via gift deed /sale or release deed registered , it will be legally treated as effectively transferred and other legal heirs can't make claim/right.
Hello,
1) The children born out if your father's second wife do not have any right in the property of your deceased mother.
2) In the absence of your father seeking any claim by transferring the property, the only other person who has a right is your mother's mother if she is still alive.
No they will not have right as it's already transferred to you.
1. Well, this property was your mother's and o her death this was inherited by you and your father in equal share.
2. Now it is not clear whether your father has gifted his half share in your name or not. if yes then you are its sole owner now and no one can claim it from you.
3. Even if it is not transferred to you as yet then also your father now can gift his half share in your name or he can gift this to his second wife or the children from second marriage.
4. in either circumstances your half share is untouched.
no
they cannot be called your mother's legal heirs
the legal heirs of your mother are you and your father
as property is already transferred to you, the second wife and children can claim nothing
Dear client,
They will not have any right in the property which was in owned by your mother. They and will also have rich in the property which is owned by your father.
No,they won't get any share on that property.
1. Your father's second wife and children of the second marriage are not entitled to a share in deceased mother's property.
2. It's good that your father got your deceased mother's property in your name.
They have no right but your father have equal right. Ask your father to either execute release or gift deed in your favor, otherwise after his demise they can claim share in father`s half share.
Your father's second wife nor his children from that marriage do not have any rights in your mother's properties.
Since your father transferred his share in the property to your name, you will become the absolute owner of the entire property left behind by your deceased mother.
Hi
Your step brother or sister has no right in the property transferred by your father to you.
My father has also passed away 5 years back. I Now want to sell my mothers property which was transferred to me by father by gift deed when he was alive, will the children from my fathers second wife create a hurdle.
Asked 5 years ago
By virtue of gift deed you became the absolute owner and there is no hassle in transfer or sale of property by you.
Once gift deed is executed duly stamped and registered you are absolute owner of the property
you are at liberty to sell the property
You have received it by registered gift deed. You are absolute owner. They have no say.
Dear Client,
No, children from second will not created any problem because you have got transfered the property of your father through will.
No, they cannot stake any claim for a share in this property since your father transferred his share in the property to your name during his lifetime.
Moreover this was your mother's property, they do not have any rights in it.
No they dint have a share and even if they file a case it would be dismissed as not maintainable.
Regards
If they create a hurdle it will not stand in Court
1. Since the property was your deceased mother's property, on her intestate death, the rights on the property would devolve to your father and you (Assuming that you are the only child).
2. As per your narration, your father had gifted his share of the property to you through a registered Gift Deed, thus making you the absolute owner of the property.
3. Even if the second wife and her children try to claim any right over the property, the same does not hold water( this opinion is based on your narration in the question).
Your property does not belong to ancestral nature so the property share you got from your mother as well as the seat of your father transferred through a will is entirely your property and you can sell the property your step siblings will have no right on the property along with their mother
Once property transferred you are absolute owner.
Second wife childrens have no share in said property.
Since your father executed a registered gift deed in your name.. you can go ahead and deal with the property in whatsoever manner you wish No Worries.
Dear madam
They cannot claim any right on your mother property. As it doesn't belong to your father or his ancestors.
but can claim the property of your father if it was ancestral property of your father.
And also you can claim ancestral property of your father from them. It will be beneficial for you.
They would not have any share in your mother's property and hence cannot claim the same.
You can sell the property.There is no legal infirmity.
Second wife and her children has no right on the property of your mother. Further see father transfer his share from registered deed then don't have share on that also otherwise they can claim share on your fathers share in mother's property.
See since it was done with registered gift deed you are absolute owner and they have no right and cannot create any hurdule in sale of the property.
Dear Madam,
No, nobody cannot claim your property. it is your absolute property given by your father through gift and it is property of your mother.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
- upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
- upon the heirs of the husband.
- upon the father and mother.
- upon the heirs of the father, and.
