You must Sign In to post a response.
  • Category: Indian Law

    Inheritance right of first wife's children after divorce


    Are you having a query regarding inheritance claims raised from children after all divorce settlements? Wondering if one can possibly do this? No worries, check out this for responses from our experts.

    My father has married twice.He divorced his 1st wife in 1988 from which he had a daughter.He married my mother in 1990. Since full settlement has been done with first wife during divorce so can the first wife's daughter claim my father's ancestral property?
  • Answers

    5 Answers found.
  • A person may posses two types of properties or wealth. First is the ancestral property, which is inherited by him from his parents as per his share because he might had some brothers and sisters who also might had got a part of that ancestral property. So, that is the first type of wealth he possesses. It could be a significant amount in terms of money because of the phenomenal rise in the value of real state in last few decades. The second type of wealth is what he has earned himself through his job or business or other earning engagements . He might have got some new houses constructed from it or invested it in some investment avenue, from where he might be getting a huge return but all this is his own earned money and he is free to give it to anyone as he feels.

    As per the law, first wife and her children as well as second wife and her children, all are entitled for a share in the ancestral property. Now, in your case you have mentioned that your father has already settled the financial things with the first wife. But what are the details of that settlement? Is it mentioned there that in lieu of the ancestral property share of the first wife and her daughter, so much amount is being paid to the first wife and her daughter, so that, they have no right in the ancestral property. With that settlement their right to that ancestral property would be relinquished. Please check that settlement. Generally divorce settlement are only confined to the alimony money and some monthly maintenance, which is to be provided to the first wife. For relinquishing their rights in the ancestral property a separate affidavit is to be presented in the property registration and transfer office in the area concerned.

    Please check all those details and I again repeat that they all have a right in the ancestral property and if their share is not given to them, they can approach a court for that.

    Knowledge is power.

  • The children of the first wife even after divorce will have the right on the father's ancestral property. When the divorce is granted, the separation is between the wife and the husband. But the children continue to be the children of that man and he will be the father of those children.
    In some cases, while granting the divorce, some papers will be signed specifically if they don't want to be considered for any rights further. If any such papers are signed, they will not have any right on the property.
    If the property is self-acquired by your father, your father can decide not to give them. But in the ancestral property, they will have every right.
    Please check the papers of divorce and then consult a lawyer so that you will get a specific opinion.

    drrao
    always confident

  • All children will have right on father's ancestral property whether the children of first wife or second wife. Generally, most of the person having two kind of property. First is ancestral which is transferred from
    generation to generation. And, second property is self acquired money in which person collect money himself through hard work. According to legal expert, all children
    are entitle to ancestral property. So,the children of first wife can claim for it. But,in case of second property, your father are independent to give his property to anyone.
    Nobody can claim for it. As mentioned above, your father has done settlement with first wife during divorce. But,you didn't clarify in your query which kind of settlement he has done with first wife.

  • Though your father has divorced his first wife in the year 1988 and he married in the year 1990 with your mother and such you are interested to know whether your sister born from the first wife of your father can enjoy the ancestral property or not. You may go through my noting as indicated below -
    1) Though divorce for the first wife has been procured and has been settled by the court. See the details of the settlement how it has been drafted.
    2) If there is no indication of settlement of ancestral property in that document, she is entitled to get the same being one of issues of your father.
    3) Second property earned by your father by virtue of his hard labour can be offered to anyone depending upon his preference.
    4) To be familiar with details of law, you may consult a reputed lawyer who can resolve your existing doubts.

  • If the divorce is as per court decree then the court would have spelt the terms and conditions for maintenance or compensation with regard to the child/children. The court would have asked to give financial support for maintenance and education as one time lump sum or as a regular periodical payment up to a certain age, certain number of years or until the child attaining adulthood. There would also be a mutual agreement of relinquishing rights to claim anything further by the woman or children. If the terms decreed by the court is comprehensive, fully and properly complied with, then they cannot claim any further in this regard. The divorcee husband is entitled to peace of mind in his subsequent life.

    Hence in this case if the divorce compensation terms are fully complied with and satisfied, and relinquished the rights for further claims on ancestral property also, then, the daughter in that marriage cannot normally claim rights to the father's(divorced husband of the woman) properties.

    However if she has a genuine issues and complaint that a fraud was perpetrated by hiding the ancestral properties or assets of the father and hence she is deprived of her lawful rights then she may have a stand to put up a claim and get it remedied through a court. For that she has to file a case against your father and get an attachment or injunction from court.
    But then her right will be just as only one among all of the legal heirs to the property.
    But in this case I do not see a normal possibility. But as you have raised this question, it gives me a doubt that you have a hint or clue of what is coming. But her right is only one among and along with all other legal heirs of your father. All such heirs can join the case and fight. The case ill take longtime to finalise. Unless the expected share is sufficient and good enough she may not enter into long drawn legal fight and waste time and money.

    But one has to be alert and cautious if the asset value is high and the eventual share may be also high.


  • Sign In to post your comments