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RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 March 2009

who is the father?

My client whose husband got died in dec 2007 leaving behind two sons aged about 15 years & 10 years respectively. Now my client got remarried last week. The present husband had taken her two sons from the ex-husband. The present husband is also widower, who is having two kids, one son & one daughter from his ex-wife. Now my question is who would be the father of the sons' of my client? Whether the present husband is legally liable to maintain her son? Whether both of the sons are entitled for the share of the present husband's property? Whether the present husband is entitled to get share in the property of the wife from first husband? Whether the future of the sons of my client is secure or not?



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 12 Replies

n.k.sarin (advocate)     24 March 2009

Hi Rakhi,deceased husband is the real father of your client's sons.The present husband is not legally liable to maintain your client's deceased husband's sons.your client's son has no right in the property of your present husband.only those children who born to your client from the present husband with those children who are already born to your present husband's ex wife and with your client get equal share ,if your client's present husband die intestate. 


If your client's deceased husband left any property ,then your client and  her two son get equal share in the said property. your client's present husband and his children has no right in the said property.


n.k.sarin.  Advocate Dehradun

Uma parameswaran (lawyer)     24 March 2009

I am supporting Sarinji's answer.

Swami Sadashiva Brahmendra Sar (Nil)     24 March 2009

mr. sarin is right . but pls verify in context of personal law applicable to your client  which you have not disclosed in your question.

sanjeev murthy desai (Advocate)     25 March 2009

I agree with Mr. Sarin

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 March 2009

Thanx 2 all of u, my ld. friends, for immediate reply.

Y V Vishweshwar Rao (Advocate )     25 March 2009

Mr Sarin and Mr Tripati  have correctly  expalined . I agree with their views

PALNITKAR V.V. (Lawyer)     25 March 2009

Remarriage of mother does not change the legal relationship of a natural father and son unless the second husband adopts the son of the deceased husband. The second husband and his children do not any rights in the property of the deceased.

n.k.sarin (advocate)     25 March 2009

Respected Sir, it is clear from the query that  the second husband already has thier has children one doughter and one boy,hence in this metter the second husband is not in a position to legally adopts the son of the deceased husband.

n.k.sarin (advocate)     25 March 2009

Respected Sir, it is clear from the query that  the second husband already has thier owen children one doughter and one boy,hence in this metter the second husband is not in a position to legally adopts the son of the deceased husband.

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2009

yes mr. sarin.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 April 2009

Dear Friends,

Thanx to all of u 4 ur kind support. I want to know if both (daughter & son) to the present husband are the natural children. Both of them are adopted. In this case, can the presentn husband adopt the kids of the lady from his deceased husband. I want to tell u that one of both children is more than 15 years by his age.

Prabhat Kumar (Advocate)     14 April 2009

The first husband of your client remain the father of the children,the second husband has nothing to do with the children of second wife.Since the second husband of your client is already having a son and a daughter he is not capable to adopt as per section 11 of the Hindu adoption and Maintenence Act1956. 


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