• First died then second wife married. Second wife legal rights on husband property

Husband First wife married. first wife one girl baby born. after 2 years completed then first wife died. second marriage fixing. husband and second wife marrieds completed. No children in second wife .first wife daughter married completed. second wife and husband 48 years lived.77 age husband was died. now second wife age 63. now second wife legal rights husband land and other property?. now first wife daughter legal rights father land and property?. first wife daughter 3 boys is there so legal rights grandfather land and other property? my mail [deleted]
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

The children will have equal rights over property. Both first wife children,  second wife and theof children will have equal rights. If there is a will of husband then it will be divided as per the said will.  Otherwise succession laws will prevail. 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

On husband demise his first wife daughter and second wife would have equal share in his property 

 

2) grand children have no rights on grand father property during their mother lifetime 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Hi,

Since husband married after death of first wife, the second wife's name will come in death certificate of husband. The daughter may claim right in property if there is no WILL or gift deed by husband.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Second wife name would be entered in death certificate of husband 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

The daughter from first wife and the second wife shall right over property and they shall gt equal share in same. In life of there mother 3 boys have no share in case the mother demise without will then 3 boys shall have share,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Second wife name will be entered she is living wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. On the death of the husband if without any Will, all his properties would be liable for equal division between his daughter and second wife.

2. The grandchildren have however no rights over the property left by the husband. 

3. The death certificate must contain the name of the second wife. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your query is confusing. 

Can we talk?

Regards 

G.Rajaganapathy 

My number is available in google .

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

It depends on whose period the husband died 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

The first wife's daughter is also legally entitled to her share of her father's estate. Her children, being the grandchildren of the deceased man, will derive their title only through her, their mother. The second wife shall also be entitled to a share. In sum, there shall be two equal shares now- one for the first wife's daughter and the other for the second wife. The three sons of the first-wife's daughter can claim their share only through their mother.

Only the second wife's name shall appear in the man's death certificate as the surviving wife.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1.  The Second Wife and the Daughter of deceased person, BOTH have EQUAL rights over the properties, without any exceptions.

2.  The daughter's children have no rights, till the daughter is alive.

3.  The above is possible ONLY IF deceased has not executed any WILL, else the property distribution would take place as per the clauses of the will.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Only the second wife's name shall appear in the man's death certificate as the surviving wife.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Only the second wife's name shall appear in the man's death certificate as the surviving wife.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Sir,

After the death of father if he is not leaving behind Will, the property goes to according to Hindu Succession Act to the Class I heir and the property equally distributed  among the first wife's daughter and widow i.e. second wife of the deceased.

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 THE SCHEDULE [Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

No right of grand children. Daughter and second wife will inherit 1/2 share each. Second wife name.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

First wife and daughter is legal heir class1 both have equal share in said property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The child born out of first wife is also a legitimate child of her father, therefore she will be entitled to a legitimate share equally at par with her step mother in the properties left behind by her father who is reported to have died intestate.

Her children will not be entitled to any share in their grandfather's properties at least not during her lifetime

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

In death certificate of the husband, the wife's name will not appear, only his father's name will be recorded to identify the dead person.

A dead male will be recognised by his father's name and not by his wife's name 

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

1. Second marriage of husband took place only after the demise of his first wife, hence second wife is his legally wedded wife, as a corollary to which she is also he his Class 1 heir.

2. The Class 1 heirs of this man are his daughter born from first marriage and his second wife, both of whom succeed equally to all his properties if he died intestate.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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