Legal Question in Civil Litigation in India

I had purchased a house and during registration included my fathers name also in it as joint property holder. The percentage distribution was not mentioned.I had taken a loan for the same and I have repaid all the loan and have got the papers back from the bank.I am the first holder of the title.

Now my father , age 70 wants to re-marry,( mother expired). My father already has prepared a registered will in which the property will be transferred to my name after he ceases to exist. I want to know

1) Can his second wife have any right on my property ?

2) Can my father transfer his share of the property to his second wife ?

I have purchased this property with my hard earned money and have paid all the expenses from my account. Hence the concern. Please anwer my query.


Asked on 12/28/11, 10:17 am

3 Answers from Attorneys
Stalin Selvamani S & P Law Associates

You have to get a regsitered release deed from this lady as accordingly to the will the lady holds a life interest in her favour.

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Answered on 12/28/11, 11:15 pm
Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are her in below :-

1) If your father has willed his 50% share in your favour then his 2nd wife can challenge the same after his demise and not otherwise.

2) Yes as he is the owner of 50% share in the property.

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Answered on 12/30/11, 5:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

1)Yes she can claim as it is not your father's self acquired property.

2)Yes he can

better take a release deed from your father.

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Answered on 1/09/12, 12:55 am


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