Property distribution among the sons from two marriages

Software Engineer

Hi all,

I wanted to know about the property distribution law among the sons of first wife and second wife in HINDU family.

Here is the case  - A married man who is not divorsed marry a widow of same caste with HINDU rituals, now both the wives are staying with that person in his house for almost 30 years.

Now the real problems comes , that person is having 1 son from his first wife and 2 sons from his 2nd wife.

So this is the complete scenario and now my questions are  ---

1) Are sons of 2nd  wife are eligible for getting the propery share?

2) If yes , then how the property division will be ?

 I would wait for your response.

Thanks,

Akshay

 

 
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Advocate

Answer no.1 : Yes. the sons of second wife will get share in the property of their father. Law allows to have share in the property of a father even for illegitimate children.

Answer no.2. : All the children will get equal share.


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Consultant

Madam Suchitra is Right


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Software Engineer

Thanks everybody for your valuable  respose. I wanted to add one more scenario in the same case and lets assume the person's name is Mr. XYZ(Who is having two wife). 

Here are the few conditions in that family.

i) Mr. XYZ's father is not alive.

ii) Mr. XYZ's mother is alive.

iii) Contribution in property of each person(Out of 100%).

Ancestral property = 50 %

In the name of Mr. XYZ = 10%

In the name of Mr. XYZ' Father = 20%

In the name of Mr. XYZ's Mother = 20%

iv) Mr. XYZ's mother dislikes his 2nd wife.

v) Mr.  XYZ  himself dislike his 2nd wife.

Then based on the above condition. I have few more query.

1. Can Mr. XYZ's mother give all the property to 1st wife's son?

2. Can Mr. XYZ's himself  give all the property to 1st wife's son?

3. What if Mr. XYZ's mother wants to write a will and give property to the 1st wife's son, then for how much percentage of property she is authorized to give?

4. What if Mr. XYZ's himself wants to write a will and give property to the 1st wife's son, then for how much percentage of property he is authorized to give?

5. Can 2nd wife file the case of  bigamy (IPC 495/496) or case of cheat against his husband ?

I would be waiting for reply.

Thanks,

Akshay

 
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advocate

Q1- mother cant give any property to any one .

Q2-no he cant give all properst to his 1st wife. if Mr. xyz have 100% perporty then his 1st wife will get 75% & 2nd wife will get 25% of proprerty

Q3- mother cant write a will to any one. if that property is sell then she can will nor she cant will her husbants property.

Q4-son cant will his father's perporty to any one wife. after the death of mr.xyz  75% of property will get his 1st wife & 25% will get his 2nd wife.according to succesion

after the death of mr.xyz' father all property will be 50-50 % between son ( mr.xyz) & wife ( mr.xyz's mother)
 after the death of monther all porperty come near son. mr.xyz 1st wife will get 1st chance who will get 75% after that his 2nd wife who ll get 25%


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advocate

why the 2nd wife file bigamy case?

 
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Software Engineer

Thanks for your response Jyotirmaya....Why I asked the question of bigamy is because that person alays has fight to his 2nd wife. So she wanted to know what she can do ahainst him. And one more thing while marrying to his 2nd wife he told to his father that he has already given divorse to his 1st wife and which is under process. But there was nothing as such.

So my query is what are the thing his 2nd  wife can do...? 

Thanks & Regards,

Akshay

 
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Software Engineer

Hi,

With respect to the above case, it is clear, but  i would like to have more clarification on that question is that suppose two sons of 2nd wife wants their share now when every boby is alive like

1) Mr. XYZ

2) His mother  

3) His 1st wife

4) His 2nd wife

5) 1st wife's son (only one son)

6) 2nd wife's son (two son)

then what would be the percentage of share...???

Thanks,

Akshay.

 

 
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Legal Consultant / Solicitor

Why he dislikes his own wife
 
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Hi all, I wanted to know about the property  law among the sons of first wife and second wife in HINDU family. Here is the case - A married man who is not divorsed  ,and having his two wife alive and before the death of that man he has made a registered will in which he has given share to the son of both first and second  wife in his property. that person is having 2 son from his first wife and 3 sons from his 2nd wife , but 1 son of second wife is dead.now two son of second wife is alive.

So this is the complete scenario and now my questions are ---

1) Are sons of 2nd wife are eligible for getting the propery share?

2) If yes , according to which laws or act ? this case is pending in court . because the son of first wife claimed that they have the only right to get that property...please tell me thae laws to get my share.  I would wait for your response. Thanks

 
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