My friend mother is a second wife to her husband. He married her with out taking divorce from 1st wife. She is a working women and she brought property on her own. Now after her who will be legal heirs for that property? Will my friends father have right over the property owned by his mother after her? Will my friend be the solo legal heir of her property? Can 1st wife children claim share in property of self acquired property of my friends mother?
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Since her marriage with your biological father was a not a valid marriage you being illegitimate son of your father can still inherit his self acquired property but your step siblings can not inherit from your mother.
There is no concept of self acquired or ancestral property of a woman.
Hello,
if she has passed away without a will then the legal heirs can stake a claim over the property
regards
second marriage without divorce is void null.
if she died without will then her mother and father are legal heir class1.
The husband that is father of the person shall be legal heir, first wife son can be heir if there is no other legal heir.
On her demise her husband and children would inherit her property
2) she can execute will bequeathing her property to whom so ever she pleases
3) first wife children would not inherit her property
1) Only her children can have rights in her property including first name will be husband and than children.
Hi,
The first wife can't claim any thing from second wife and her property however the husband may claim if he is nominee etc. in other properties.
Do husband, 1st wife children will be legal heirs for second wife self acquired property? ( she has one son).
Only husband and biological son would inherit the property of second wife
first wife children have no share in property
The marriage of your friend's mother with her husband during the subsistence of his previous marriage may not be legally valid hence he cannot become a legal heir to succeed her properties after her death, however your friend being the son may claim the entire property bought by her as her only legal heir and successor in interest,.
The children of first wife do not have rights in her property.
In the given circumstances, her husband and the children of first wife cannot have any rights ion her self acquired property, her own son can be the sole legal heir to succeed all her setates, because her marriage is invalid as per law as her husband married her during the subsistence of his previous marriage.
Hi,
Children from first wife may not claim anything from property but husband may claim by virtue of relationship and other claims that he contributed for the same (though the claim be false).
first wife children no share in self acquired property of second wife of father.
Legal heirs of 2nd Wife's self owned property
1) Husband
2) Her children
3) Parents
4) relative of husband
But 1 & 2 are alive as of now than rest will deleted automatically
1st Wife children will not get any share in the 2nd wife property.
Husband is legal heir of second wife though children of first wife has no right.
1.As per law 2nd wife cannot claim share in husband property (invalid marriage). Then how come husband can claim 2nd wife property? 2. If husband died can 1st wife children claim husband share in property of the 2nd wife ?
If he is not legally wedded husband he cannot claim share in second wife property
2) hence her share would devolve only in her biological son
Since the marriage is invalid the husband is not recognized as her legal heir however her son is her sole legal heir.
If the husband had acquired the property of the second wife then upon his intestate death his own legal heirs can claim a share in the property as a right, but if he has not taken his share during his lifetime then it will revert to the 2nd wife's legal heirs.
1. See marriage if not challenged can be considered valid as done as per the rituals, if husband is married and there is proof based on same he can claim though other claiming party can challenge same.
2. No he cannot claim if there are other legal heirs from her parents side.
Husband also can't claim as it's a illegal marriage. Yes illegitimate children if any will will have full rights
1. Yes husband can not inherit property from his second marriage. Only the child born out of this void marriage can inherit her property and no one else.
2. Children of first wife has nothing to do with the property left by second wife of their father.
If the 2nd marriage has been done during the subsistence of the first marriage it shall be void, husband cannot claim in 2 wife self acquired property.
first wife childrens dont have rights to claim in fathers second wife property.
Dear
As per Hindu law The second marriage is considered to be null and void so husband of your friend mother cannot claim her property as legal heir of her so the son will be the sole legal heir of his mother. But he can claim the ancestral and self acquired property of his father as legal heir as per Hon'ble Supreme Court the children born from second marriage are legitimate even if the marriage is considered as null and void
And also children of First wife cannot claim the property of second wife.
1. Her marriage is illegal as her husband's first marriage was still in subsistence.
2. During her lifetime she is at liberty to alienate her property through sale, gift deed or she can mortgage it. She can also bequeath to anyone she desires by making a will.
3. If she dies intestate then after her demise her property will devolve on her biological children equally. Her husband cannot succeed to the property as marriage is illegal.
The husband much less his children from first marriage are not her legal heirs, hence they cannot succeed.