• Rights of child and widow

Dear sir
my maternal uncle died 10 yrs back leaving behind his wife, a daughter and son.
there is some ancestral property and a shop which was a long term Leese in name of uncle.  now we want our aunt to get married. the second party is also a widower whose wife died 6 months back. 
questions
1. does my aunt and her children inherit any property after the marriage to second party (from first marriage)
2. do we need to give anything in writing to family of first marriage on secession of rights of widow and uncles children?
3. is mandatory to get an agreement for children from second party (widower) after marriage so as to protect rights of children

kindly suggest
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Other
1) your aunt and her children are the legal heirs of your uncle 

2) the remarriage of your aunt will not affect her right to inherit the property standing in name of her deceased husband 

3) you cannot force your aunt to give I writing that she relinquishes her interest in property of her deceased husband 

4) the children are legal heirs of deceased father . You don't need any documentation in this regard 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1. Yes, if she remarry she doesn't loose her right of inheritance.
2. If she wants to release her right of inheritance then she can execute a deed of relinquishment.
3. No. It's not required.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Your aunt and her children have, in the absence of a will by your uncle, inherited his property equally. The children of your deceased uncle have an indefeasible share in the ancestral property, if any, albeit your aunt has no share in the ancestral property.

2. The marriage of your aunt has no correlation with her proprietary rights. So nothing in writing is required to be given.

3. No agreement is required to be executed. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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1. does my aunt and her children inherit any property after the marriage to second party (from first marriage)
So long your aunt remains a widow she is entitled to a share in her deceased husband's property but once she has remarried, she loses the right on the first husband's property.




2. do we need to give anything in writing to family of first marriage on secession of rights of widow and uncles children?
The children will be entitled to the intestate properties of their deceased biological father even if their mother marries another man after the death of their father but they should not be adopted legally by the stepfather.




3. is mandatory to get an agreement for children from second party (widower) after marriage so as to protect rights of children
The rights of the children are already protected by law hence the step father or his family members cannot grab away their properties or do any harm to their interests. 




T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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Hi, Your aunt will not able to get any property if she remarriage but the son and daughter of your maternal uncle has right over the property.

2. If they want to release their right then they have to execute the release deed or else there is no agreement in writing is valid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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