Legal Advice

A lady is claiming herself second wife to my father: How to tackle this issue?

Question: A lady is claiming herself second wife to my father: How to tackle this issue? My late father left a registered will in my name mentioning that everything, all house and assets should be given to me. I am the only son to my late parents. It is self acquired and not ancestral property. Now a lady has filed a writ on me stating that she had married my father after my mother's death. She is claiming a second wife to my father and is claiming half share in money and house.  But I am the only legal heir of my father. So how to tackle this incase even if she falsely  proves that she had married my late father. 

Advise

You have a registered will of your deceased father. According to the said will you are the sole owner of his entire property. No matter that a lady is claiming herself as a second wife. If her claim is true then she will not get any property because your deceased father had not given to her any property in his testamentary will.

Let her claim herself a second wife. She will not get any property because your father has not died intestate. Hence, his property will not devolve upon his legal heirs according to the law of inheritance. 

He has settled all properties through a registered will. Therefore, property will devolve as per the said will. If the will is genuine and his last will then you should immediately file a probate in the district judge’s court. 

Don’t delay in filing probate and taking a letter of administration from the competent court. You should not take her claim seriously and refrain himself from such a false claim. File a probate petition as soon as possible. 

When a testator has settled his entire property and does not leave anything for his second wife, then she cannot claim any right in the property of her deceased husband. 

Also read: Wife’s right in in the property of deceased husband

Shivendra Pratap Singh

Advocate

High Court Lucknow