Shree. ( Advocate.) 21 September 2009

Legal heir in case of two marriages?

My client who was earlier an Hindu and was married,
He got converted to Muslim and remarried again ,
My question is legally who is his heir ?
earlier Hindu wife or the existing one ,

For all statutory claims , he had earlier nominated his 1 st wife,
Will those nominations get passed on to his second wife,
pls advise.

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5 Replies

R.R. KRISHNAA (Legal Manager) 21 September 2009

Only the first wife is eligible for all benefits. You can find a good explanation in the below mentioned site:

https://timesofindia.indiatimes.com/news/sunday-toi/view-from-venus/Bigamy-An-issue-of-one-too-many/articleshow/5004493.cms

(Guest)

Dear Shri ji, First wife will get all benefits. Did he divorce his first wife?

Jaswant Singh (Lawyer) 21 September 2009

What is the fault of Second Wife? She is legally wedded wife as per the personal law of marriage and thus can not deprived her legal right. Of course, the first wife has all legal rights

Shree. ( Advocate.) 21 September 2009

Dear All,

Thanks for quick Responses.Now I got the citation regarding the query.The Supreme Court of India outlawed this practice by its decision in the case of Sarla Mudgal v Union of India, AIR 1995 SC 1531. The ruling was re-affirmed five years later in Lily Thomas v Union of India(2000 )6 SCC 224. The Court held that conversion merely to get married again still amounts to Bigamy and such second marriage is null and void. Hence, in your case the first wife only have the right of succession unless divorced.