Srinath 26 January 2018

Second wife kids

Hi, My friend is a son of his father by second marriage. His father did not divorced his first wife to marry second wife and had kids with both wives. Now he claims that because they are kids of second marriage without proper divorce from first marriage, he cannot give property to the second marriage kids. Does hindu marriage act states this? Please suggest.

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G.L.N. Prasad (Retired employee.) 26 January 2018

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G.L.N. Prasad (Retired employee.) 26 January 2018

Contact a local advocate, the kids through first marriage are also eligible for rights on self acquired property of their father. Self acquired properties can be gifted or donated and no one can legal question such decision. Hindu law never penalized innocent children and father is aware of the law. When the crime is that of his father or mother, Hindu law never penalizes and robs of the childrens' rights for guilt of their parents.

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Vijay Raj Mahajan (Advocate) 26 January 2018

The children borne out of second marriage of the Hindu man are legitimate under section 16 of the Hindu Marriage Act,1955 and get same share as children borne out of first marriage of the Hindu man under the Hindu Succession Act,1956. Nothing to worry about their claim in the self acquired property of their father.

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Ritu rawat 30 January 2018

under the Hindu Marriage Act (HMA), illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral.tell ur friend that his father can't deny his rights on being illegitimate...

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