As he has married now his wife will also have a share in the property. You shall also have a share unless he makes a will.
My share in property and bank balance
My mother is dead 10 months back. My father has remarried without even telling me. I got this news from friends and family. I am his only son. But the newly married lady has a daughter and grandchildren. ( Daughters children) . What will happen when my father will die ? will the property and money will go to his new wife and her daughter and her grandchildren ? Or it will come to me ? I don't have any children right now. As a son what will I get ?
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
On father demise intestate his property would devolve on his second wife and you
2) her daughter and grand children have no share in his property
If it's self acquired property of father and he has will it will be shared as per will. If it's without will then will shared equally by all of you. If ancestral then same will be shared equally
Dear Client.
If the second marriage took place after the death of the husband's first wife: As this second marriage has legal sanctity, the second wife and her children can claim their property rights in the capacity of the Class-1 legal heirs of the husband. Hence, it grants the second wife the rights in her husband's property.
Thankyou
1. If it's your father's self acquired property and if he dies intestate (without executing the WILL), then the property would devolve equally to you and your father's second wife, (only if your father got married to her after the death of your mother) , i.e., 1/2 each.
2. If your father dies intestate, the property would not devolve to your father's second wife's children and grandchildren, but devolves equally to you and your father's second wife.
If your mother has left any estate without leaving a Will, you are entitled to an equal share in it along with your father.
In the case of your father's property, if they are self-acquired and he writes a Will to any person of his choice other than you, you cannot have any legal right to claim later.
As your father remarried only after the death of your mother, his second marriage is legally valid. After his lifetime, if he does not write a Will, you and your father's second wife alone shall share your father's estate equally. Her children and grandchildren shall not have any claim legally.
If there are any property lying on your father's name and if he is dying intestate, then the properties left behind by him shall devolve equally on his own legal heirs consisting his children and spouse.
The children of his wife shall not be entitled to any share out of your father's property because they do not constitute as his legal heirs.
They are his step children and the step children cannot inherit any property from their step parent automatically.
- Since your father has remarried after the death of your mother , then she is a legal wedded wife and hence after the death of your father she and her child will have equal share in the property left by your father.
- Only children having right including you and no grand children.
It will go to both.
