• Property rights

My son divorced his first wife legally, they have child (son) of five years old,who is with his wife. He married second time having child (son) of his previous husband, who died in accident.Is child of his second wife of his previous husband is legible from my son's property . The father-in-law of his second wife is live.
Asked 5 years ago in Property Law
Religion: Hindu

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22 Answers

1. If the son of second wife is not legally adopted by your son he has no right in your son's property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

your son second wife child born out of her marriage with her first husband has no share in your son property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No your son has no right , second wife and her son may claim property of her ex husband. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Child of 2nd Wife has to legal right to claim any property rights of Son.

2. Child of 2nd Wife can claim property that belongs to or would belong to his Mother (2nd wife) and his biological Father.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No, None of son can claim opposite step father's property as a legal heirs. only Biological son can have right in the property or if the step father adopt the step son. mean your son adopt's the step son then he will have to give rights in the property otherwise not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

NO.

Child only had right if he was legally adopted by your son otherwise only his widow, child from previous marriage and mother if alive are legal heirs of deceased son and have eqaul right in property.

FIL of second wife has no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Only if the child is adopted by your son then he will be eligible. The son can only claim share if such property belongs to his father

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

After marriage, the son will be treated as biological child as he may claim the property of the step father. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The child belongs to the 2nd wife and unless your son adopts him he is not his son and so no share in the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes the step son and his wife is entitled to his dead father's property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. The the step child of your son has no relation with you as per the parameters mentioned in Hindu Succession Act.

2. the right of succession of this child from his biological father or grand father and you do not come within the scheme of Hindu Succession Act.

3. If your son doe snot aopt the child then he can not claim the property of the child as well nor the child from you. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No, son of second wife from her first husband is not entitled to your son's property.  He has share in his Grand Father's share.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No, neither your son can claim property of second wife's son from her previous husband.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- As per the Hindu Succession Act, the child from his second wife's previous husband is not having any legal right to claim over the property of your son, and even your property ,  being the step son. 

- No, your son cannot claim property of second wife's son from her previous husband.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The child of the second son shall be your son's step son only meaning thereby, the step child is not entitled to any rights with the step father.

However his own biological child now in the custody of his ex-wife shall be entitled to his rights with your son as his biological son.

If your son is adopting the child of his second wife by legal adoption  by a registered adoption deed, then that adopted child shall be entitled  to all the rights with its adoptive father at par with the biological son of the adoptive father.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your son's step son is entitled to a legitimate share out of his deceased father, left behind if any upon his intestate death.

The child's mother can fight for her son's rights in his biological father's properties.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No, he can't claim....

Make a registered will 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. The biological child of his second wife born out of her first wedlock, unless adopted by your son, is not a legal heir of your son.

2. However, the child is a legal heir of his biological mother.

3. Your son cannot claim property on the behalf of his second wife's son.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Step son dont have rights in Step Father Property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Step Son can claim share in Biological father property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your son cannot claim share for his step son from the biological father 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. No child of second wife is not entitled to get property of your son if that child was not adopted officially by your son. 

2. No your son can also not claim property of that child. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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