Maggie (mone) 30 April 2012

Second wife rights in property

Hi All,

Plz help me answer this query.

I am an Hindu from Assam. My father had two wives. He did not divorce his first wife and married second one. Out of the wedlock from first wife he has 2 daughters who are now married. From the second wife he had 3 daughters and 1 son, the eldest daughter is also married.

My father died 5 years back , without making any will etc.

My query is that do the second wife and her children have any rights on the property which was left by him, i.i in the name of my father.

And also do they have rights in the ancestral property i.e propert in the name of my grandfather. My grandparents died long ago. If yes what wud be the percentage of shares.

Regards.

Maggie

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4 Replies

Ranee....... (NA) 30 April 2012

maggie, your mother's marriage with your father is not valid as no hindu can remarry without divorcing fisrt spouse.But you and your sisters and brother will get share in his property which is self-earned.You all can not claim ancestral property of your father.

Guest (Guest) 30 April 2012

The children of second wife have an equal share in the self acquired property of your father and also the ancestral property. However the second wife has no rights in either of these.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 April 2012

Dear Ms.Maggie,

1. The Second marriage being void & non est in the eyes of law - second wife is not entitled to anything. However having said that, the children out of second marriage are still considered legitimate for the purposes of inheritance to self acquired property of their father.

2. As regards the Ancestral Property, they never shared directly with the grandfather - like the children out of first marriage. But they do take once the property becomes vested in their father. In equal measures with him.

To explain with the help of an example :-

1. Grandfather in his lifetime holds property with his son (your father) and you children in equal measures. Till here the children out of second marriage are completely out of picture. Now if your father dies - said children would take in inheritance through father and are never part of Hindu Coparcenory.

Hope this helps !