Himanshu shukla (consultant) 27 October 2011

The right of the chldren born out of second wife

i had one friend who has married twice,first he got maried to hira mohan hazare in the pune anf fron this wedlock he got one daughter, vijaya , vijaya is handicapped since birth, right after the birth of vijaya hira mohan left her husband and did not turn back, my friend waited for her for 14 years,when he was totally tired of waithing for his wife he married to the village girl and out of this marriage he got three childrean (two daughters and one son) right after the sons birth his first wife came back again and started staying with my friend and started her claim over my friends property,my friend said that he will give any share in the property in the property but he can stay as his wife in the family, till my friends death every body were staying happily as a united family in the flat which is at andheri(east) .after the death of my friend the brother and the first wife of my friend have thrown out the second wife and the childrean out of the second wed lock by saying as the second wife and her childrean does not have any legal right on the property, since then the second wife and her childrean are staying in a very bad state, please advise and provide any citation if any body has

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6 Replies

kranthi (retainer advocate) 27 October 2011

Sir, as per your quary they 2nd wife chlldrens are called illegitimate, and they have equal right with that of 1st wife children, but the property didn't come to 2nd wife her childrens only have right to get share in your's friend property.

ajay sethi (lawyer) 27 October 2011

since father died intestate the second wife children have equal share in property . .the second wife does not have any share . did the father leave behind any nomination for flat? request the society not to transfer flat in name of first wife and her children

samuel singh (self) 27 October 2011

second wife can claim maintenance right only.no further reliefs to my knowledge accrues to her.

Norbu Lama (Finance Officer) 27 October 2011

I agree with Mr. Ajay Sethi provided the desrtion by first wife for 14 years and the solemnisation of second marriage is proved beyond doubt. The children of second wife eventhough found illegitimate yet they are entitle to share in the deceased fathewr's property unless they are specifically barred from such claim by a will dulyjustified.