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A man had two wives. His first wife passed away and they had four children together, two sons and two daughters. After her death, he legally married a second wife. The second wife has three children, two daughters and one son. A Dhana settlement (property settlement) was executed three years after the second marriage. However, the Dhana settlement mentions only the two sons from the first wife as beneficiaries. How can the second wife and her children claim a share in the property? What percentage of the property are the second wife and her children legally entitled to?
If the property was self-acquired by the man, he had full right to gift it to anyone, including just his sons from the first wife. The second wife and her children can’t claim that gifted property, but they can claim equal shares in any remaining property if he dies without a will. Legal action is possible if fraud is suspected. For further legal assistance contact us on our helpline number.