Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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RAMAKRISHNA (Engineer)     12 October 2010

Second wife Children rights over the properties

Hello All Respected Lawyers/Advocates,

Please read the below few lines of the case and suggest me if any relevant previous Judgments available for this issue.

1) A Man married in the year 1960's and through his first wife does not have any children.

2) To have children, married in the year 1870's and through his second wife, he blessed with two sons.

3) Both the marriages were happened as per Hindu Customs etc.

4) After both sons born to his second wife, he(Father) died in the year 1980.

5) This Father is only have one property and this property also got from his Father and at present, Son's Grandmother died, Grandfather died and then Father died as said above in 1980.

6) At present, that is the only one property left with Two Widows (First wife and second wife) and then Second wife Children (Two sons)

7) Please tell me now, even as per hindu law second marriage is a void but still it was done as per hindu customs and then the rights of only sons(children) for this father having only one Ancient property asset which comes from his father(died) to this Man(also died)

8) what are the rights get over the property and how the shares can be done for this estate between Two widows and second widow sons

Please suugest and guide me with any judgements available for such similar issues.

Many Thanks for the Great support been providing in the Forum

Warm Regards







 8 Replies


1/3rd each to the first wife, and two children of the second wife.  The second wife does not have right to have share.


All judgments come from new type of cases. Its a human rights issue under Artice 51 of the Constitution. More and more judges are trying to make Directive principles of State Policy enforceable in the absence of cohesive and clean governments both in the Center and the States.


Note: The Supreme Court might take the view of Human Rights issues as quoted above.

RAMAKRISHNA (Engineer)     12 October 2010

Respected Sirs,


Thanks for the advises.


Could you also, please advise me, in this case, the property is ancient property and without any will etc. the Grandfather died and then after some time the father also died.


So, does it come like a Ancient property or Property of Father. As a secondwife children, will they get share in Ancient properties.


Please elaborate and advise the required.


Many thanks


Mahesh R Krishna

Vinoba (Advocate)     12 October 2010

Hello Mr. Ramakrishna,

I feel sorry for you because the provisions of Hindu Succession Act does not permit a son born out of a second marriage a share in the ancestral properties.  From your query it is quite clear that the property is ancestral and as such, the first widow is also not having any right as per provisions of Hindu Succession Act for reasons that if a surviving wife inherits a property either from her husband or from her father-in-law and if the wife is not having any children, then the property devolves upon the heirs of her husband only.

L. Vinoba



R.Ramachandran (Advocate)     12 October 2010

Dear Mr. Ramakrishna,

First stop the practice of posting the same thread repeatedly in this Forum.

Further, while in the Expert area, you have mentioned the following fact:

During first son was in womb, Father gifted the property to his own mother (that is to Grand mother of son) to destroy the rights over property by coming sons. That is a 30 years son gifted the property to his own mother of age 65 years. And that too the property belongs to Grandfather and by virtue, it could come to Father, even then it was gifted illegally.

But the above fact was nor posted by you in this Forum.  Thus, if you hide some facts, you will only get wrong advice and will not suit the factual situation.

Await my answer in the Expert area.

Nagesh (System engineer)     26 April 2011

 Respected Sir/Madam.

 I have a query on my grandfather property. My father is the only son of my grandfather first wife.

And My grandfather married one more women after My grandfather first wife.

 All the property is in my Grand pa name and my grandpa died last year,

I Need to know whether my Grandpa's  second wife and her children have any share  in property.



R.Ramachandran (Advocate)     26 April 2011

Dear Mr. Nagesh,

Since your grand father married another woman after the death of his first wife, the second wife is also a valid wife and the children born through her are all legitimate children. 

Therefore, on the death of your grand father, his second wife, and all his children including the son through the first wife are all legal heirs and are entitled to equal share in the property left behind by your grand father. 

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