right in ancestral property
shashi
(Querist) 20 July 2010
This query is : Resolved
my father who died in apr2000,was having two wives.first marriage was done in 1960 while second one in 1973.he was having one daughter from first one and from second one two son & two daughter.All were living happily.
1. After a gap of 22 years, first wife filed a court case for property and all reirements benefits in 1995.
she was given half of property only. In place of retirements benifits family pension was given.
2. Now the case is in High court. I am the son from second marriage and want to know the effect of SC verdict on 26 may2010 about ancestral property right.
NOTE-All property are ancestral
All family members(uncles&villagers)had given court appearance about the consent of first wife regarding second marriage.
Is full share will go to her(grand parents are no more and property is with me)
s.subramanian
(Expert) 20 July 2010
you are the illegitimate son of your father since the second marriage is a bigamous one. you are entitled to share in the share of your father alloted to him from the joint family property and his self-acquisitions. this is under sec.16A of Hindu maariage Act which provides for the rights of illegitimate children born of void marriages. consent of first wife cannot legalise second marriage which is bigmous.
