naveen (software engineer) 04 September 2013

Second wife's sons have any rights on the fathers property?

HI All,

First wife and her two sons filed a petition suit for property in 1996 against her husband and father respectively. In the later part of the year they compromised and divided the properties and carried out a compromise deed. Second wife and her two sons were part of the defendants and they got a very small share and the seconds wife sons were minor when the said compromised deed took effect.

These compromise deed were never known to second wife's sons until recently. 80 percent of the property is not ancestral. Does second wife sons have rights to have equal amount of share in the fathers property? As second wife was represented as the guardian for her sons ;then minors and she had signed the compromise deed .Does it hamper the rights for second wife sons to demand the rights on fathers property?

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Shantanu Wavhal (Worker) 04 September 2013

y e s - only self earned property

2[16 Legitimacy of children of void and void able marriages

(1) Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been vaild, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws ( Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled ,shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Notwithstanding contained in sub section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nulity under section 12, any rights in or to the property of any person, other than the parent, in any case where, what for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents].

COMMENTS

The rights that this section confers upon illegitimate children is only as regards the property left by their parents.-Yagarlamudi Sujata V. Krishan Prasad AIR 1992 SC 293