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Ramesh kumar (na)     19 October 2011

Legal heirs

 

Gopal has a son with his first wife. After death of first wife he marries another woman who has two children from her first husband. After second marriage, Gopal has two children from second wife. Gopal dies. Then after one year his second wife dies. Who are the legal heirs of Gopal? Will the children from second wife’s first marriage get a share in the property of Gopal? If yes, what is the ratio? 



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 3 Replies

VIJAYAKUMAR (Asst.Manager Lega)     19 October 2011

Dear Ramesh,

According to Hindu law, if a person married second time, then it is void. A son born to the said void marriage is called as illegitimate son and he is having right only in parents property. Therefore, the legal heirs of the
Gopal are 1. a son of first wife 2. two children of second wife ( they were born out of wedlock between Gopal and second wife).

The Second wife of Gopal who got two children out of first husband has no right in the property of Gopal.

VIJAY

After the passing of the Hindu Marriage Act 1955 a prohibition was imposed on the Hindus to enter into second marriage during the life time of the spouse.   Therefore second marriage of a Hindu during the life time of the spouse is prohibited and such a marriage was declared as void. A son born to the said void marriage is called as illegitimate son and he is only having right in parents property.

Ramesh kumar (na)     19 October 2011

But in my query I have clearly mentioned that Gopal married another woman after the expiry of first wife.

VIJAYAKUMAR (Asst.Manager Lega)     19 October 2011

Dear Ramesh,

Anyway the answer is same for your query.

The legal heirs of the Gopal are

1. a son of first wife and

2. two children of second wife ( they were born out of wedlock between Gopal and second wife).

The Second wife of Gopal who got two children out of first husband has no right in the property of Gopal.

 

VIJAY


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