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

Asked on 5/04/13, 1:17 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


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.


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Answered on 5/04/13, 3:41 am

Jayesh Desai Jayesh Desai

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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Answered on 5/04/13, 10:54 am

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