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Nagesh (private empolyment)     26 March 2022

Rights of second wife children

The property in question is the self acquired property of 1st Wife. And she dies leaving behind her husband and 2 daughters and one son. Her husband has one more wife. (it is not clear when he got married to his second wife i.e. whether his first wife was alive or after her death). From the Second Wife the man has one Son. The question is, does the son of the Second wife has any rights over the property ?


 2 Replies

Supinder Singh   30 March 2022

Terminology used in this answer:

1st Wife = A

Husband = B

2nd Wife = Y

2nd Wife's son = X


I am answering your query by assuming that A died intestate (i.e. without any will) and all the parties in the case are Hindus.

Upon perusal of Sections 15 & 16 of the Hindu Succession Act, 1956, it becomes clear that the property of A will devolve to her daughters, son, and husband (B), in equal proportions.

Now, once B gets his share of the property, he can dispose of it the way he likes. He can sell it or gift it to X. He can also create a will in favor of X.

Though, Right of X to directly have a share of A's property, after her death, does not arise in the scenario mentioned by you.

2 Like

Nagesh (private empolyment)     31 March 2022

Thank your Sir

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