Shiva_Lca (Lead) 02 October 2011
Hello,
A person having two children's who are majors from his first wife, he remarries after 1st wife's death due to health reasons. This person is having peice of cultivation lan from his ancestors. What are the rights of his first wife's childrens to cliam this property? He married 2nd time without first wife children's consent, is the 2nd marriage legal?
Sanjeev (Lawyer) 02 October 2011
He did not need 1st wifes children permission to remarry after wifes death. The marriage is valid. If the man died without leaving a will than all children 1st and 2nd wifes and 2nd wife will have equal share in the land but if he made a will then that land will be divided as per the 'will' of the deceased.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 October 2011
Dear Shiva
Mr sanjeev is absolutly right
N Sundaramoorthy (Business) 03 October 2011
Please note Ancestroal Property all the childrens having equal rights irresepctive of first or second wife. Self Owned money, he can decided whom to give by the way of Will or Settlement Deed.
Shailesh Kumar Shah (Advocate) 03 October 2011
First and second wife's childerns have equal right in absence of WILL.
N Sundaramoorthy (Business) 03 October 2011
Will is valid for Self Owned money/property/etc not for Ancestroal Property.
Always treat all the children one and the same irrespective first or second wife sone.
kvss.prabhakar rao (Advocate ) 09 October 2011
Mr Sanjeev is correct
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