Second wife childrens rights
Sathish
(Querist) 24 July 2015
This query is : Resolved
Dear Respective Sir's
Indian law is very strange and complex to understand without advises from experts like you. I will make it as simple as possible.
1, Mr.Hus ( who got good share from his father)
2, Mr.Hus married Mrs.Wife1 and had 3 kids (2 daughters and 1 son)
3, Mr.Hus again got married to Mr.wife2 and had 2 kids (2 daughters)
4, Mr.Wife2 is no more and she passed away. Mr.wife2 had enough properties in her own name.
5, Mr.Hus as sold all those property and made into cash of Mr.wife2
Now if the 2nd marriage is illegal how can Mr.hus owns Mr.wife2 property and sell them? as it already over can it be valid transaction.
Can those Mr.wife2 daughters deserve any share from what left by their mother or what is been sold by their father?
SAINATH DEVALLA
(Expert) 25 July 2015
As the second marriage is null and void,the husband dosen't have any right to sell the property of the 2nd wife,the children have every right over their mother's property.They can file a criminal case against the father.
T. Kalaiselvan, Advocate
(Expert) 01 August 2015
The children of the deceased wife can file partition suit, criminal complaint etc., a good local lawyer will guide you on the procedures.
