Anandakumara MB (Lawyer) 23 October 2009

partition of husband property

The share of the First wife of husband after his death can apply? First wife has no childrens, but second wife has got childrens. The First wife is legally married. The share of his husband can apply only for first wife or both give hints.

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12 Replies

Prakash Yedhula (Lawyer) 23 October 2009

The first wife and the children through the second wife are entitled to a share.

Anil Agrawal (Retired) 23 October 2009

First wife, second wife? Both surviving? Clarify how the second marriage was contracted if the first wife is living?

(Guest)

First wife and second wife's children get share.

Khaleel Ahmed (Legal Advisor) 25 October 2009

The first wife is the legal successor , the child of the second wife could be considered as illegitimate son of the deceased.

Anandakumara MB (Lawyer) 26 October 2009

Ist and 2nd wifes are serviving. Second marriage was illegal

Anil Agrawal (Retired) 26 October 2009

When was he married to the first and second wife?

Anil Agrawal (Retired) 26 October 2009

If he was a Hindu, the second marriage is bigamous and illegal. There is no question of inheritence by children of the second wife.

He the man was a Muslim, he is governed by the personal law and everybody has equal right.

Adv Archana Deshmukh (Practicing Advocate) 26 October 2009

The property of the husband shall be divided equally among the first wife and the children of the second wife. Bcoz, the illegitimate children also have equal share in property of the father as that of the legitimate children. 2nd wife won't get any share.

Anandakumara MB (Lawyer) 26 October 2009

He married 1975 Ist wife and 1983 2nd wife. He is Hindu.

Adv Archana Deshmukh (Practicing Advocate) 26 October 2009

As he is a hindu, his 2nd marriage is void. so, his 2nd wife shall not get any share in his property. But the children of the second wife shall get share, bcoz, the illegitimate children also have equal share in property of the father as that of the legitimate children.

Anil Agrawal (Retired) 26 October 2009

Does the custom permit him to take in the second wife?

(Guest)

As per law : No.

As per custom

If there is a understanding between husband and two wives, if they do not go court for property dipute then the propety can be shared two wives and their children.