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BABUPRABHAKAR   07 June 2020

Rights of second and third wife and their children

We 3 children are born to first wife and further my father got married to 2 wives. Totally my father had 3 wives.Even though my mother is alive and even with out divorce my father got married to 2 other wives and the 2 other wives have 3+2 kids. My father inherits an ancestrol property and at the time of death my father executed a will in my mothers name(First wife name). My question is what is the rights of second and third wife and their children on the existing property on my mothers name. WIll the second and third wife and children have any rights on the said property and will they get any share as per law Or my mother is the sole owner of the said property, My mother is paying the property taxes and katha is in her name. The ancestral was acquired by my father from my grand father through a registered will Before my fathers death he executed the will in my mothers name.


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     07 June 2020

In the subsistence of first marriage, second marriage is illegal, so no right second wife but children’s born by such union have same right as you.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 June 2020

Originally posted by : BABUPRABHAKAR

We 3 children are born to first wife and further my father got married to 2 wives.Totally my father had 3 wives.Even though my mother is alive and even with out divorce my father got married to 2 other wives and the 2 other wives have 3+2 kids.My father inherits an ancestrol property and at the time of death my father executed a will in my mothers name(First wife name).


My question is what is the rights of second and third wife and their children on the existing property on my mothers name.... It is necessary to apply for Probate/Letters of Administration of that Will before the Court of Law and at that time notice is required to be given to all the eight children of your deceased father (who along with your mother as the legal heirs and heiresses of your deceased father would inherit the property if there was no Will ) and thereafter following the process of Law(either contested or uncontested manner) the matter will be disposed of and if the Will's contention will be proved then your mother will become the sole Owner of that property.  


WIll the second and third wife and children have any rights on the said property and will they get any share as per law...Second and Third marriages are illegal  and therefore if there was no Will,even then  those two wives can't be considered as legal heiresses of your deceased father but those 5 children although illegitimate will be entitled to get Notices from the Court at the time of Probate/Letters of Administration of that Will.


Or my mother is the sole owner of the said property, My mother is paying the property taxes and katha is in her name....After the grant of Probate/Letters of Administration by the Court of Law in respect of your father's Will,your mother will become the sole Owner of that property.

The ancestral was acquired by my father from my grand father through a registered will.... Property inherited by Will is not ancestral property.

Before my fathers death he executed the will in my mothers name.

 


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