• Second marriage

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]
Asked 5 years ago in Family Law
Religion: Other

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25 Answers

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 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

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.

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

Second wife children from earlier marriage have no share in your father property 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

I presume your father has not adopted his second wife children 

 

they have no share in his property 

 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Yes. They would have a share in your father's property.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

You cannot avoid giving them any share, the provision of law is clear on it.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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. 

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes they do have all the rights. They are in equal footing with you, as under law, no child is illegitimate

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Ask father to make a will for the self acquired property during the life time.

The second wife will not have any share 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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:

  • In case, the second marriage is a valid marriage, children born out of this wedlock share equally with the children of the first wife.
  • Even if the second marriage is void or voidable under the Hindu Marriage Act, the children of the second marriage are considered as legitimate children, and they have a right to inherit from the property of their father.
  • However, under section 16 of the Hindu Marriage Act, such children have a right to inherit the property of their parents alone.
  • They can inherit the property of their father, whether self-acquired or ancestral but not the ancestral joint family properties. It implies that they cannot inherit ancestral property other than the share of their father in the ancestral property.
  • The law says that the children of the second wife have equal rights as the children of the first wife on their father’s (self-acquired and ancestral) property. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes, they are also entitled to an equal share in your father's property, just like the other legal  heirs to your property. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

This can be avoided, only in case your father during his lifetime bequeaths or transfers all his property to you. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Yes they have the right to your father's property.

 

You cannot do anything now to avoid.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to know about the reality of children from second wife, having any right of share in the property or not.
  2. Yes, as per law, even if the second marriage in not a valid marriage even then children from that marriage would get share in the property as law full owner of their respective rights in it.
  3. But, yes if first wife is alive or not been divorced then the second wife won’t get any right in the property.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Ye if the second marriage is legitimate then she will have right with children .if the Marriage is illegitimate only children will have right not wife.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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