Ashutosh Singh Mehra (n) 12 November 2014

Second wife claim for property

Hi All,

This is regarding second wife's (Miss 'z') property right in the below case.

Mr. 'x' married to Miss 'y' in 1974's as per Hindu customs. They have 2 sons. In the year 1992 Mr. 'x' marries again to Miss 'z' without taking divorce from 1st marriage & without following basic Hindu customs like having a purohith, friends or relatives attending the occasion, that’s a court marriage. There are 1 children born out of this second relationship.

Mr. 'x' pretends to Miss 'y' that there is nothing like Miss 'z' and he continues to live with Miss 'y'.

Mr 'x' dies in 2014.

Does Miss 'z' become the legal Widow eglible for Mr 'x's property share along with the first wife?

help me please...

Thanks,

Ashu

Reply Follow

1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 November 2014

In a Hindu Family if the Hindu man dies intestate (i.e. without leaving any testamentary document such as 'Will') then all his widows get one share of the property,each one of them get equal share of the one part, the only condition here is that both marriages in question of the Hindu should be properly solemnized although his second marriage during the first wife living shall be considered Void however the right of the second wife/widow to share the property of her deceased husband with the first wife can not be denied by virtue of section 10 rule 1 of the Hindu Succession Act,1956 which reads as:-
Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.