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Darade Raj   23 January 2026

A divorced woman and her daughter succession in husband/fathers property right

Husband and wife divorced with taken permanent alimony 

At that mutual divorce husband can give the permanent alimony to the wife and daughter 

Now a days x husband can died 

Ex husband second wife filed the succession case for x husbands government beneficiaries for example pension and fd demands 

In the succession case first wife and daughter appears Court says that give me the case law for wife and daughter are legal  hairs of the x husband 

Nine one 456 three three 0 fivefive



 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 January 2026

The first wife has no right to either pension or any property, as she received permanent alimony at the time of the divorce.  The daughter has a right to the pension until the age of 25 years or until she marries, whichever is earlier, and a right in any property.  For case laws, search e-courts or Google.

T. Kalaiselvan, Advocate (Advocate)     23 January 2026

The first wife who was divorced before the death of the husband, cannot claim any rights in his terminal or pensionary benefits of the deceased husband. If the pension records have been rectified and the second wife has been nominated for  the family pension benefits, then the child of the first wife also cannot claim any rights in it even though it may be a legal heir to her deceased father. 

Dr. J C Vashista (Advocate )     24 January 2026

Very well analysed, opined and advised by learned senior experts, I endorse and appreciate their acumen.

Ex-wife has no right, interest or claim in the property of her ex-husband, who is stated to have been died.

x husband has re-married after grant of divorce by competent court and died, his successors / legal heir shall include his daughter from ex-wife, besides, his wife and children born out of this wedlock as per personal laws i.e., Hindu, Muslim, Christian etc. of the deceased.

P. Venu (Advocate)     28 January 2026

Yes, the daughter by the first wife continues to be the legal heir for the properties left intestate. As to family pension, first preference is the wife. Daughters eligibile only after the mother's lefetime, that too depending upon age, marital status etc. 

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