Apni Law Staff asked 5 months ago
My father received a property in Tumkur as a gift. He had six children from his first marriage, five daughters and a son. He later married another woman without his first wife’s consent and had two daughters with her. He then transferred the property to his second wife without the consent of his children from his first marriage. His second wife recently passed away, and the property is now in the names of her daughters. Is there any legal recourse for my father’s children from his first marriage to claim a share in the property?
Best Answer
Apni Law Staff answered 5 months ago
Yes, the children from the first marriage have a legal right to claim a share in the property. Under Indian law, a father’s property is typically divided equally among his legal heirs, including children from both marriages. The transfer to the second wife without the consent of the first wife’s children might be challenged as an invalid transfer.
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