Legal Question in Intellectual Property in India
What is the right of a lady married to a a man whose 1st wife is dead, on his own property as well as ancestrial property. also what will happen to the son and daughters of that man.
a- man
b-1st wife- died
c- 2nd wife
man have 1 son and two daughters, all are married
2 Answers from Attorneys
04.05.2013
Dear Sir / Madam,
If the father does not make a Will for his property irrespective whether it is ancestral or self acquired, the children of both, the first wife and the second wife will have an equal right to it.
Regards,
Children married or unmarried - have same rights.
2nd Wife - as long is legally married has a right of a wife, her no. being 2nd or any other does not matter.
As far as ancestral property is concerned he cannot give it away by Will, as law gives grandchild a right.
As far as his self acquired property is concerned, he can give it away by Will, to a single child or to all or to his choice of child/children.
I hope this clarifies.
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