Dear Concerned,
If the second marriage has been done without divorcing the first wife, the second marriage is Void, however even then the children from the second marriage have legal rights over the properties of their father.
Best of Luck
My father has done second marriage. his second wife has one son and one daugther ,do they get any right in my fathers property MY email is is [deleted]
If yes what can we do avoid ,second wife and children to get share in property
Dear Concerned,
If the second marriage has been done without divorcing the first wife, the second marriage is Void, however even then the children from the second marriage have legal rights over the properties of their father.
Best of Luck
Dear client.. No .. they will not get any kind of rights.. on Ur father's property... But Ur step Mom will get a portion of Ur father's property.
See in life of father no one has right over his property but in case of intestate (that is without will) demise of father they have equal share in the property.
1. It is not clear whether his second marriage is valid or void.
2. if he married after death/divorce of his first wife then children form first marriage and widow and children from second marriage all will inherit in equal share.
3. Else only the children from both marriage will inherit equally.
Your father can execute a gift or relinquishment deed in your favour, if you don't them to inherit his property.
Alternatively, a will can executed by your father too in your favour.
Dear Sir,
To say generally, the Supreme Court says, even illegitimate children are also entitled to a share. To avoid such situation, if the properties are self acquired properties of your father then get Will or Gift in you name and avoid share to them. The law is as follows:
While children born of the second wife have right on their parent’s property, they do not have a direct right on the joint ancestral property, especially if the second marriage occurred without divorcing the first wife. The children are, however, understood to be legitimate and can be coparceners in father’s ancestral property if he dies intestate.
In recent case hearing in the Bombay High Court, where the father had married for a second time after ousting his first wife and her daughter, the court directed that they should receive their rightful share of property in the man’s ancestral property. Therefore, one-fourth of the land was shared between the first wife, her two married daughters and the man.
If your father married another woman during the subsistence of his marriage with your mother then this marriage is invalid and your step mother will not have any rights in your father's property after his lifetime however your step siblings are his legitimate children hence they have rights in his self acquired property.
You confirm about your mother's marital status.
1. Did he remarry during the subsistence of his first marriage? If he has remarried during the subsistence of his first marriage then his second wife is not his legal heir.
2. However, law recognises children from second marriage as heirs to a male even if the second marriage is illegal. So if your father dies intestate I.e without making a will then children born from second wedlock would succeed to your father's property in the same manner as children from first marriage would. Their share cannot be wiped out by you.
Yes they do have all the rights. They are in equal footing with you, as under law, no child is illegitimate
1) Yes, second wife and children are entitled ro share in father's property.
2) You can't avoid if property is ancestral.
3) If it's selfowned property of father than he has to make WILL or GIFT deed on your name.
Your fathers second wife and children do have a share in their father's property although they will not have a share in the ancestral property.
Regards
Yes they will have right in father's ancestral property and also in the self acquired property if the father passes away without a will.
Regards
Ask father to make a will for the self acquired property during the life time.
The second wife will not have any share
Dear Sir,
Yes, all children whether or not born out of legal marriage are considered to be legal heirs. You will have rights over the property on your father's death. The first (legal) wife, the first wife's children and the second wife's children will have share in the property. However, the second wife will not have any rights over the property as second marriage while the first marriage is still subsisting is considered be void.
The right of children of the second wife:
Yes, they are also entitled to an equal share in your father's property, just like the other legal heirs to your property.
This can be avoided, only in case your father during his lifetime bequeaths or transfers all his property to you.
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.
Second wife if she is married at the time your mother was alive and was not divorced then she will have no selling the property as this marriage is void but in any case the children of the second wife will have the equal share as the other siblings have you cannot a right claiming the share by other siblings only in case of mother If the marriage position is not clear she will have no share in the property