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One Np (personal)     10 June 2013

Second wife's child rights on property

Hi Legal Experts,

My Aunt is her father's second wife's daughter.First wife agreed to the second marriage,because she couldn't conceive.But after marriage both got conceived and each had one child.

After few years,my aunt's mother (second wife)left her husband and lived with another person in different place.(45yrs back)

But my aunt stayed along with her father and his first wife's family.(First wife have one son)

She got married and have 3children.All her children are now married.Her (step?)brother helped financially during children marriage and few other occasions.They gave jewels in different times totally 50 soveriegn.But they didn't give her the property.

Her father had 2acre from ancestrol property and 1acre was earned by himself.

Her father made a partition deed in his son's name and they registered it.(This was 15yrs back,my aunt didn't sign any document and done without her knowledge)

Now her father expired.What is her rights in the property?Can she claim the ancestrol property?



Learning

 6 Replies

Adv k . mahesh (advocate)     10 June 2013

legallly speaking you aunt has no right in the property of her father and ancestral property but good faith if she ask them the share they will give because here as per your query your aunts father has not taken any divorce from his first wife

olny oral consent and he married your aunts mother 

sridhar pasumarthy (ADVOCATE)     10 June 2013

Dear one NP,

The marriage of your aunt's mother was during subsistence of earlier marriage.  So, it is void in the eye of law.  The children begotten i.e. your aunt out of the said void marriage are illegitimate.

According to law, illegitimate children are entitled to succeed to the self acquired property of the father.  But, they are not entitled to any share in ancestral property.

So, your aunt is entitled to a share in the self acquired property of her father along with other children.

Advocate Bhartesh goyal (advocate)     10 June 2013

Yes your aunt is illegitimate  child of her father so she is only entitled to get share from self acquired property of her father and not entitled to get anyshare in ancestral property.

Nitish Banka (lawyer)     11 June 2013

Right only in self acquired property of father not otherwise

One Np (personal)     13 June 2013

Hi Experts,

Thankyou all for your reply.

We enquired and now we came to know that my aunt's father has made a registered will in favour of son for his selfacquired property.

Ashutosh Singh Mehra (n)     12 November 2014

Hi All,

This is regarding second wife's (Miss 'z') property right in the below case.

Mr. 'x' married to Miss  'y' in 1974's as per Hindu customs. They have 2 sons. In the year 1992 Mr. 'x' marries again to Miss 'z'  without taking divorce from 1st marriage & without following basic Hindu customs like having a purohith,  friends or relatives attending the occasion, that’s a court marriage. There are 1 children born out of this second relationship.

Mr. 'x' pretends to Miss 'y' that there is nothing like Miss 'z' and he continues to live with Miss 'y'.

Mr 'x' dies in 2014.

Does Miss 'z' become the legal Widow eglible for Mr 'x's property share along with the first wife?

 

Thanks,

Ashu

 


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