Two wives property partition

The second wife has no right as the husband did not divorce the 1st wife.  But all the children also from both wives and the 1st wife have equal rights over the husband's property and on the share of his ancestral property.

Under Hindu law in India, a second marriage contracted by a man during the subsistence of his first marriage is void and illegal.

The second marriage is declared null and void by Section 11 of the Hindu Marriage Act, 1955. This means it has no legal standing or validity.  

The second wife does not have any legal claim to property, maintenance, or other marital rights that a legally married wife would have. 

The second wife's  rights to inheritance or property are nullified.

The following  judgments by high court will elicit the issue.

Basavaraj Alias Shivabasappa S/o. Sharanappa Mankar VS Sarswathi W/o. Sharanappa Mankar - Karnataka (2023)Vimla Devi VS State Of U. P. - Allahabad (2022).

However the children born out of second marriage are entitled to an equal share at par with the legal heirs of the first marriage for a share in his self acquired properties 

Very well analysed, opined and advised by learned experts, I endorse and appreciate.

The intestate property of deceased (presumed to be a Hindu) shall be devided 1/5th equal shares between wife (first) with all 4 children.

Marriage of the deceased with second lady (in Hindu) is invalid and illegal. 

Dear Experts, 

Thank you for your kind replies. 

(1) From your replies, it is very clear with sound reasoning that the second wife would not get any share in any of the properties, whether the properties of the deceased man from his own earnings or the properties of his father and grandfather and great grandfather. 

(2) From your replies, it is also clear that the first wife and the four children of the two wives would get equal share in the properties of the deceased man from his own earnings. So, each of them would get one-fifth share in the properties of the deceased man from his own earnings. 

The deceased man died few months ago and his father had died around ten years ago. His grandfather and great grandfather died long long ago. 

The two wives and the four children are accepting the above two points. But there is one disagreement with respect to the properties of the father and grandfather and great grandfather of the decased man. The two children of the first wife are arguing that they would get a larger share in the properties of the father and grandfather and great grandfather of the deceased man, because they are the children of the first wife, who is the only legitimate wife. 

Their argument is that the properties of the father and grandfather and great grandfather of the deceased man should be divided into three equal shares and allotted to the deceased man and the two children of the first wife only. So, according to them, the deceased man and the two children of the first wife would each get one-third share in the properties of the father and grandfather and great grandfather of the deceased man. Further, the one-third share of the deceased man should be further divided into five equal shares and allotted to the first wife and the four children of the two wives. 

Is their argument right or wrong? Or, are they wrongly applying the relevant law? 

Kindly explain. Thank you. 

The children born from a void marriage are generally entitled to a share in their father's ancestral property. 

The Supreme Court has affirmed that children born from void or voidable marriages are considered legitimate and possess inheritance rights on par with those born in valid marriages. This right extends to both self-acquired and ancestral property. 

Under Section 16 of the Hindu Marriage Act, children born from void or voidable marriages are considered legitimate. 

This legitimacy grants them the same inheritance rights as children born from valid marriages. 

The Supreme Court has clarified that children of void or voidable marriages are entitled to their share in the parent's share of the joint family property. This share is determined through a notional partition. 

Therefore as per  position of law the children born out of void marriage are also entitled to a notinal share in the ancestral property.

As stated hereinabove children from both wives and legally wedded (First) wife shall inherit ancestral as well as self-acquired properties of deceased.

Biological children of a person whether in marriage or outside marriage have equal rights in the father's property.

Yes. I forgot to confirm that the deceased man and his wives and children are Hindus. 

Thank you very much for your kind replies. 

They are very useful to us. 

Nikhil Singh

The opinion rendered to your query was based on the Hindu law of succession only and not about any other personal law. 

Thank you very much, sir.

You are welcome Mr. Nikhil Singh for your appreciations