• Father has 2 wife's

Hi, my father has 2 wife's, both wife's are siblings, first wife died, she has one daughter, 2nd wife is alive she has 3 daughters, how can property be shared, all the properties are in fathers name, except one property which is in first wife name who is no more.

Pls suggest how this can be shared.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) on father demise each legal heir would have one fifth share in property

2) as far as property standing in name of first wife on her demise her husband and daughter would be legal heirs

3) on father demise his share would devolve on all his legal heirs equally

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

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In accordance to Section 15 of Hindu Succession Act, The property in the name of first wife will devolve on her daughter and her husband in equal shares as both the daughter and the husband are class I heirs of the deceased first wife.

Now coming to the father's property, the question is if the 2nd wife was married at the time when 1st wife was alive, then the 2nd wife will not get any share of father's property(i assume the father did not leave any will/gift).

In absence of WILL and assuming 2nd marriage was illegal then the property of the father will devolve equally on

a) daughter from first wife and

b) all 3 daughters from second wife.

So technically all of the father's property(including the share of property that father obtained from first wife in his capacity as legal heir) will be split in to four shares.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

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If the second marriage took place during the lifetime of the first wife then the second wife is illegitimate and she may not be entitled to any share in the property of your father after his intestate demise.

During your father's lifetime nobody can claim any share in his property as a right.

If the second marriage was contracted after the demise of the first wife then the second wife shall be entitled to a share in his property if he died intestate.

The children of both the marriages are entitled to an equal share in the properties left behind.

The property left behind bythe first wife shall devolve on her own legal heirs i.e., her own children and her husband if living.

T Kalaiselvan
Advocate, Vellore
85421 Answers
2239 Consultations

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1. Did your father remarry during the subsistence of his first marriage? If the answer is in affirmative then his second marriage is illegal, in which event his legal heirs are his biological children from first marriage and second marriage.

2. If, however, he married after the demise of his first wife then his second wife too is one of his legal heirs.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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