hello

the second wife cannot be a shareholder in the ancestral property but she has a rightful share in the husbands self-acquired property. therefore, file a maintenance application before a magistrate u/s 125 of the CrPC wherein maintenance for the 2nd wife and her children should be sought from the family pension and the salary of the son from the 1st wife.

regards

On husband demise your sister as second wife would not inherit any property

2) however her 2 children have equalsgare in deceased husband property

3) they can file suit for partition for division of property by metes and bounds

4) seek injunction restraining first wife from selling the property

Firslty, Mam, I really appreciate the concern that you have for your sister.

Secondly, though as per law your sister’s marriage without divorce with the first wife doesn’t hold any sanctity in the eyes of law.

Thirdly, but yes, your children are liable for all rights as of first wife children.

Fourhtly, agreement must be unforced as per law before the civil court.

1) is it registered or unregister agreement.

2) if agreement is registered you have to file a

civil suit .

Dear Sir,

Your sister has following rights which are found in the last paras:

======================================================================================

Rights of Second Wife

Marriage, according to the Hindu Law, is a holy sacrament. Conditions necessary for a Hindu marriage are stated in Yajnavalkya Smriti. The Sanskar is “Conjunctic Martitet Peminae Est De Nature,” and “Viret Unor Consentur In Lege Una Pensona” meaning that it’s the law of the nature that husband and wife should be together and that they are considered to be one entity. The ancient Hindu society has witnessed polygamy and the order continued to the phase even immediately prior to Hindu Marriage Act of 1955. Polygamy existed which was an uncomfortable situation for all involved but was not directly condemned though strict practice of monogamy was praised. Now it is not purely a religious act, marriage now results because of mutual consent of two parties and regulated by law.

Under the current Hindu Law of India, Second marriage is completely illegal. We have it governed by Hindu Marriage Act of 1955. In the act under Section 5(i) is the first condition of Monogamy[1] that is, neither party should have a spouse living at the time of marriage. If this is condition is not fulfilled then such a marriage is considered to be a void marriage. Such a marriage is nullified on petition by a party against the other party under Section 11 of the same act. This act of remarrying in the life time of the existing spouse is called Bigamy which is punishable under Section 17 of the same Act. Section 17 redirects to Section 494[2] of the Indian Penal Code, 1860. Section 494[3] IPC makes bigamy punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable with fine for whoever ”marries in any case,” but is already having a husband or the life living. To solemnize the marriage again, the previous marriage has to be undone which can only be done by the court of competent authority as per the conditions prescribed under law.

A Stranger to the second marriage cannot seek relief, owing to the language that reads, “On petition presented by party hereto[4]”. In Kedar Nath v. Smt. Suparva[5] the marriage of the appellant (Husband) with Radharani (second wife) would be null and void. One of the issues was that whether the court was competent to grant a declaration under Section 11 on a petition presented by respondent (the first wife). It was denied[6]. But, a suit can be filled by the first wife for a perpetual injunction by one spouse against other under Code of Civil Procedure, 1908 read with Section 38 of the Specific Relief Act, 1963. Also, a first wife can filed in a Civil Court under Section 9 of the Code of Civil Procedure, 1908, read with Section 34[7] of The Specific Relief Act, 1963 for declaration that the second marriage is void. She may even file a Divorce under Section 13 (1) (i).[8] If it is the wife who is aggrieved, then her father can complain being her lineal ascendant.

There are three conditions that are to be fulfilled to prove bigamy. Firstly, the first wife should be living at the time of the marriage of husband (to other woman). Secondly, that person validly solemnizes second marriage. Lastly, both marriages (the one with first wife and the one with the subsequent wife) are valid that is according to the ceremonies prescribed in Section 7 of the act.

There is another level where there is battle to give an evidentiary support to prove that second marriage was validly solemnized. The Onus to prove is entirely on the aggrieved. Like in case of Surajmani Stella Kujur v. Durga Charan Hansdah[9] where court stated denied bigamy in the absence of specific pleading, evidence and proof of the alleged custom making second marriage void. Also in case of Bhaurao Shankar Lokhande v. State of Maharashtra[10]where court stated that the mere fact of a man and a women living together as a husband and wife does not at any rate normally give them the status of husband and wife even if they hold themselves even if they hold themselves like one in front of the society. In either conditions whether bigamy proved or not second wife is left with fewer protections.

There is a col between the expository law and social realism. When it comes to second wife, there are no marital rights which are bestowed upon the women who tie a knot with a man having a wife living at the time. There are various social stigmas attached to the woman who is a second wife to a man. But this does not stop the practice of bigamy. There is a col between the expository law and social realism. This lacuna is also a cause of injustice that prevails in many lives in form of ravishment. The party accused of committing bigamy comfortably argue that the second marriage is void in the eyes of law or there was no proper ceremony to prove that second marriage was solemnized, so allegations of bigamy don’t have a lawful stand. But this does not change the reality that there is a women who is socially a wife. Though there are various judicial interpretations that provide second wife with maintenance but that purely depends on the discretion of the judges and has to statutory recognition.

Performance of Mock Ceremonies also does not constitute a valid marriage. Section 493 of IPC is a ray of hope saying that if every man who by deceit causes any women who is not lawfully married to him to believe[11] that she is lawfully married to him and to co-habit or have sexual intercourse with him in that belief shall be punished with an imprisonment of either description. Even though IPC stands to punish the man the circumstances do not improve for the second wife of an invalid marriage and is very dishonorable for the women. The prosecution can be filled by the aggrieved party. A complaint can be made under Section 198[12] of Criminal Procedure Code, 1973 to Magistrate first class. Section 496 IPC seeks to punish the offender for imprisonment for either description for a term which may extend to ten years, and liable for fine, whoever dishonestly or with fraudulent intention, goes through a ceremony of being married, knowing he is not lawfully married.

In Raghunath Padhy v. State of Orissa,[13] the petitioner is a Brahmin boy (22 years) and has a wife. He used to ofttimes meet a widow in the same neighborhood and later soft-soaped her into a marriage for which the widow was initially reluctant to, as she had knowledge of his first marriage. But, the petitioner assured her security with a bond containing terms of her conjugal rights and promised to register their marriage. The widow wore new clothes, put on new bangles and vermillion on her forehead. There was also an exchange of garlands between the two. The petitioner assured the widow that these ceremonies were sufficient to complete their marriage and both started living as husband and wife. With time the second wife became pregnant, time when the husband deserted her and returned to the first wife. The child from the second marriage later died after the birth. Hence, this petition under Section 215 of the Criminal Procedure Code for quashing the commitment of the petitioner for an offence under Section 493 of the Indian Penal Code. The court held. That from the mere fact that he made a breach of his promise it cannot be inferred that from the beginning he had no intention of marrying her at all and just wanted to practice fraud on her by undergoing some sort of bogus ceremony knowing that such a ceremony would not constitute a valid marriage. On the other hand his conduct in handing over to her a bond, clearly admitting that he was taking her as his wedded wife and his participating in some sort of ceremony, would show that till the date of the so called marriage at any rate he acted in good faith. His subsequent act of desertion of a pregnant woman however censurable it may be would not suffice to make him criminally liable. Reason being, the element of deception which is the essential ingredient of the offence under Section 493, Indian Penal Code, is not established.

But, in above mentioned case the justice is not done on the end of a second wife. The husband has taken advantage of the loophole in the law. It is very evident from the bare facts itself that he intentionally didn’t perform a marriage that would make him liable in future. That is indeed deceitful.

Even if the wife gives consent to the husband to marry second time, the subsequent marriage is not valid. In case of Smt. Santosh Kumari v. Surjit Singh[14] Mrs Santosh Kumari is the legally wedded (first) wife of Surjit Singh and are blessed with a daughter. Mrs. Santosh herself got a Civil Suit Declaration by the Sub- Judge saying that due to ill and weak health of the plaintiff and thereby unable to satisfy the sexual desire of the defendant and should be permitted to solemnize second marriage and the plaintiff will be entitled to be called as legally wedded wife of the defendant. This order was set aside by the Himachal Pradesh High Court saying that the Sub Judge is expected to know such elementary principle of law and it is a gross mistake on his part to have ignored such principle of law and to have given a decree contrary to the provisions of Hindu Marriage Act and perpetuate a criminal offence of bigamy punishable under the Indian Penal Code. This case is a true example of a case where marriage is done with a desire to have a son.

Concealment of the fact of the first marriage is another situation, in which a wife suddenly realized that her marriage is not valid because she is not the first wife. An offender is punished with imprisonment of either description for a term which may extend to ten years and fine, whoever conceals from the person entering into marriage, the fact of his or her previous marriage.

A Complain of Cheating can also be filed under section 415, IPC. This section in its first part deals with inducement to deliver the property. But in its second part it includes fraudulent or dishonest induces a person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to Cheat. So, a wife who finds that her marriage is invalid in eyes of law due to such fraudulent inducement or concealment of fact of subsisting marriage, can get the husband punished for imprisonment of either description of term that can extend to an year or fine or both under section 417. In some cases of bigamy cases this might be a punishment which may not seem to be adequate, but this may minimize the losses with liability of fine as part of the punishment.

Second wife can claim interim maintenance and permanent maintenance while getting decree of nullity. In interpreting the provision of Section 25 in the case of Smt. Chand Dhawan v. Jawaharlal Dhawan[15] the Supreme Court categorically held that the expression ‘at the passing of passing any decree,’ as has been used in Section 25, includes a decree of nullity of marriage. A wife’s claim to permanent maintenance or alimony is based on the supposition that either her marital status has been strained or affected by passing a decree for restitution of conjugal rights or judicial separation in favor or against her, or her marriage stands dissolved by a decree of nullity or divorce, with or without her consent. Thus when her marital status is to be affected or disrupted the court does so by passing a decree for or against her. On or at the time of the happening of that event, the court being invokes its ancillary or incidental power to grant permanent alimony. In the case Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga,[16] the aggrieved wife filed against the is by the judgment of the High Court declaring her marriage as null and void under Section 11 read with Section 5(i) of the Hindu Marriage Act. Also, husband has appealed against the High Court whereby he has to maintain wife and daughter under Section 25 of the Hindu Marriage Act. SC held that the bigamous marriages can be illegal in law, it cannot be held to be immoral for as to deny maintenance to an affected spouse financially weak and economically dependent. An illegal wife is entitled to alimony. Thus, spouse of a null and void union, entered into during pendency of an earlier marriage is entitled to maintenance on passing of the decree of nullity. Both the cross- appeals herein above mentioned were dismissed, nullity of marriage as well as maintenance to the wife and daughter as ordered by the High court were upheld. Also, husband was asked to bear his own costs and pay costs to the wife incurred in these proceedings.

In both the cases above, the order arose from different facts but the statement of law on the interpretation of Section 25 of Hindu Marriage Act makes the liability of the husband clear.

A second wife cannot claim any maintenance under Section 18 of Hindu Adoption and maintenance act, 1956. These provisions are only for a wife of a valid marriage. Previously there are many cases that say that 125 of Criminal Procedure code apply only for the relief of legally wedded wives. Court was of opinion[17] that a broad and expansive interpretation should be given to the term `wife’ to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Cr.P.C, so as to fulfil the true spirit and essence of the beneficial provision of maintenance.

In Badshah v. Urmila Badshah Godse[18]

On demand of the petitioner for her marriage Urmila (second wife) married petitioner on 10.2.2005 at Devgad Temple situated at Hivargav-Pavsa. Her marriage was performed with the petitioner as per Hindu Rites and customs. After her marriage, she cohabited with the petitioner. The petitioner cohabited nicely for 3 months till Shobha (first wife) came to the house of the petitioner and claimed herself to be his wife. On inquiring from the petitioner he expressed his wish to cohabit with Shobha and that Urmila she should reside quietly or to go back to her parents’ house. Urmila was carrying petitioner’s child in her womb for which she raised her tolerance level and continued to reside along with Shobha in the same house. However, the petitioner started giving mental and physical torture to her under the influence of liquor. The petitioner also used to doubt that her womb is begotten from somebody else and it should be aborted. However, when the ill-treatment of the petitioner became intolerable, she came back to the house of her parents. On the aforesaid averments, the respondents claimed maintenance for themselves.

In front of Judicial Magistrate First class, it was proved that petitioner and Urmila got validly married. It was also proved that Badshah later deserted and neglected her. Finally Magistrate also stated that Urmila was entitled to maintenance of Rupees one thousand and the daughter rupees five hundred. The Supreme Court observed that the respondent by suppressing the factum of alleged first marriage. A false representation was given to Urmila that he was competent to enter into martial tie with her. In such circumstances the petitioner cannot be allowed to take advantage of his own wrong and turn around to say that respondents are not entitled to maintenance by filing the petition under Section 125, Cr.P.C. While dealing with the application of destitute wife or hapless children or parents under Section 125, the Court is dealing with the marginalized sections of the society. The purpose is to achieve social justice which is the Constitutional vision, enshrined in the Preamble of the Constitution of India. The supreme Court is supposed to bridge the gap between the law and society. In such a situation, the judge has to be not only sensitive to the inequalities of parties involved but also positively inclined to the weaker party if the imbalance were not to result in miscarriage of justice. The law regulates relationships between people. It prescribes patterns of behavior. It reflects the values of society. The role of the Court is to understand the purpose of law in society and to help the law achieve its purpose. But the law of a society is a living organism. It is based on a given factual and social reality that is constantly changing. Sometimes change in law precedes societal change and is even intended to stimulate it. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of adapting the law to changing needs of society. In both Constitutional and statutory interpretation, the Court is supposed to exercise direction in determining the proper relationship between the subjective and objective purpose of the law. Foundation of Hindu personal law spring is humanistic. Maintenance to Urmila (second wife, in a void marriage) will be granted under section 125 of Cr.P.C

Hii

Greeting s of the day.

“Section 16 of the Act, while engrafting a rule of fiction in ordaining children, though illegitimate, to be legitimate, notwithstanding the marriage was void or voidable, chose also to confine its application, so far as succession or inheritance by such children are concerned, to the properties of the parents only.”

This means, a child born out of a legally invalid marriage could claim right to inherit his father’s property alone and not lay inheritance right over ancestral property, which legitimate children could.

Approach to good property dispute or civil lawyer and go head and file the case for rights for the children of your sister.

With regards

ALL

BUY & SELL

CITY

LIVING

NRI

NEWS AND VIEWS

LEGAL

FORMS

MONEY

HAPPY@HOME

TRENDS

A-Z GLOSSARY

FAQS

VIDEO

PROPGUIDE − A Complete Property Guide

#happyhome

HOME > PROPERTY GUIDE > WHAT IS SECOND WIFE'S SHARE IN PROPERTY?

What Is Second Wife's Share In Property?

September 29, 2017 | SNEHA SHARON MAMMEN

After his wife's death, Mohan Sharma remarried Alka Sharma and had two sons. Kirti Sharma is Mohan's only daughter with his first wife, who is now married. So, what will be her share in her father's property after his demise? Given that she does not enjoy a good equation with her stepmother and half-brothers, she is eager to understand her rights.

As per the Hindu Succession Act, 2005, a daughter has every right on her father's ancestral property given she can prove her succession. In case she is not allowed the rightful share, she can move the courts, too. In Kirti's case, given that her father has legally married her stepmother, her sons are the coparceners and have a rightful share in their father's property. Mumbai-based advocate at the High Court, Ajay Sethi says, “On father demise intestate you would have one-fourth share in his self-acquired properties. You cannot claim father's self-acquired properties during his lifetime.”

Pradeep Bharathipura, practicing in the Bangalore High Court places his opinion in a similar case, “As far as self-acquired property of your father is concerned he can dispose the property according to his will and fancy and you have no right to claim that property but if your father died interstate, you are entitled for share in the self-acquired property.”

“As far as ancestral property is concerned you have a share in the property and you can claim it anytime during the lifetime of your father or after his death also,” he adds.

As per the law, in case a person dies interstate, his property moves or can be claimed by his Class I heirs that include:

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

In the absence of the above, the property moves to the Class II heirs that include:

Father

Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister

Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.

Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.

Father's father; father's mother.

Father's widow; brother's widow.

Father's brother; father's sister.

Mother's father; mother's mother

Mother's brother; mother's sister.

In the case of a legal second marriage, the property can be claimed by children of the second wife, too. However, if it happens when the husband has not divorced his previous wife or the wife is living and the man remarries, the second marriage is taken to be null and void. The children born of this second union must be maintained by the parents but they are not preferred inheritors or coparceners.

However, in a Supreme Court verdict, the bench opined that children born of a second marriage can claim father's property although the marriage itself might be void. They will not be considered illegitimate. But the second wife cannot claim the property in case the marriage was solemnized when the first wife was living or wasn't divorced.

What happens when two wives claim the share?

husband had died making any wife as his nominee and all benefits that came out of his employment was reserved for her. Both wife could also claim succession certificate for her four children.

Some courts give bias order and some courts follows the proper norms of supreme so court may order in favour of second too depend how strongly your lawyer presents and fight the case .

The children from the second marriage have equal rights in the property of the doctor however the second wife have no rights in the property of her deceased husband even if her marriage was consented by first wife without the drivers the second marriage of Hindu is not allowed as per law and it is invalid

File 125 crpc maintenance case immediately. Second wife and child bound to get order for maintenance. Same grounds i have got order on 23.7.2018.

The second wife does not have right in the property, thought the children have equal right in the property. The children and second wife can claim maintenance from the family pension under crpc 125. An application can be filed before the magistrate.under crpc.

1. The second marriage of your sister is illegal as the man she has married has not obtained a decree of divorce to dissolve his first marriage.

2. The agreement made between the son of first wife and children of second wife has no force of law. Your sister and her children cannot claim maintenance from either the first wife of her husband or her children.

The second marriage was illegal and void. Therefore, the the agreement is not valid either.

Please contact the Karnataka State Commission for Women, Bengaluru at the earliest. They might be able to help you.

2nd wife has no right as marriage is void but her children have equal share along with first wife and her children.

The second wife has no legal status as the wife of the deceased even though she might have married him with proper permission of the first wife.

The law do not recognise her as his wife when his previous marriage subsists and the spouse is living.

Hence any legal action on her behalf may not be received warmly by law however her children can claim share in their father's property including the settlement amount.

She can seek maintenance from the son of the first marriage for her minor children and also for her.

Daughters should file suit for partition as advised herein above

A maintenance application must be filed against the son and the 1st wife of the husband. The son has got the job on the basis that he will take care of the dependent family members. The second wife and her children who cannot maintain themselves and are dependent upon their mother have a right to maintainence. Pension and job after death of a family member is a personalittle property of the husband and hence the second wife has a share in it.

Regards

The second wife cannot claim legal status as the widow of the deceased since her marriage is null and void.

However the children can claim maintenance from their step brother proving hat they they are dependent on him for all their expenses.

If children are minor they can ask for maintenance otherwise they do not have any right even job on compensatory basis is given to children of first wife.

They can file claim in court. They have equal right.