In a condition if a man who died in 2014 have two wives. one wife who is dead and survived by a daughter and married for more than 30 years. Other wife who is alive having 2 son and 2 daughter How the property will be distributed among the childrens??
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i presume second marriage was solemnised on demise of the first wife
2) on demise of husband his second wife, daughter from first marriage , 2 sons , daughter from second marriage would have equal share in the deceased property
3)in other words each legal heir has one fifth share in the property standing in the name of deceased person
1. If the second wife came after the death of first wife then she will be legal heirs. This is so for the children born out of this marriage.
2. In that event all his proeprty will be equally divided among all his sons.daughters from both marriages including the second wife.
Hi
Presumption I:
1) It is presumed that the man got married again after the demise of his first wife.
2) So if the above presumption is true, then the legal heirs of the deceased man in accordance to Section 8 of Hindu Succession Act are
a) Second wife, Daughter from First wife, 2 Sons and 2 Daughter's from second wife.
So technically the property of the deceased man will be divided equally in to 6 parts.
Presumption II
1) if the man had married the second time when the first wife was alive, then the second marriage is illegal.
2) However the children from both the first marriage and second marriage are entitled to equal share of the properties and the properties on the children will devolve in accordance to Section 8 of Hindu Marriage Act.
3) All of the children (Daughter from First wife, 2 Sons and 2 Daughter's from second wife) will have 1/5th share in the property of the deceased.
4) Second wife will be excluded from succeeding to the properties of the deceased man as her marriage is illegal and void on the grounds that her marriage happened when the first wife was alive.
Hope this information is useful.
If the deceased person married the second wife during the subsistence of the previous marriage and when his wife was alive then the second marriage is not valid in law and can be termed as illegitimate.
However the children born out of such relationship are legitimate and they are entitled to an equal share out of their deceased father;s property who is reported to have died intestate along with the children of first wife. However the surviving second wife cannot claim any share in the property as a right.
The property will be distributed among the children of both the first and second wife.
