• Share for first wife's son and second wife's sons

Hi experts,
I am Hindu.
I am second wife's son of my father. My father's first wife w1 has one and only boy child(40+ age). And my fathers second wife w2 has 3 sons and a daughter.
After w1 given birth to son she left my father and went along with her son. and after couple of years my father married to my mother w2. From 40 years my father is staying with his second wife(my mother) and with us.
My father is still paying maintainance to w1 directed by court.
My father has ansiestral property + property purchased by my father and his brothers when they are together.(Not huge but It is half of ansiestral property)
Recently w1's son approached us for his share my father offered him to give half in ansiestral property. But he refused and demanded half in both ansiestral and purchased properties.
Now w1's son filed a petition claiming his share in all property.
1.Even though my father is in favor of w2 and her childrens, how much court shall order to pay him(w1's son) considering 3 sons of w2.
2. As My father is aged 65+. Is my fathers opinion written on bond(what we call as WILL) will be helpfull. Till now my father has not done any WILL's.
Don't know how to ask this but I am focused on my question. When the person who has two wives dies then only first wife son's name will get attached to property or second wifes children's name.
Here WILL can play any role in enrollment of name.
Even though he filed a petition he is purpusely delaying in fear that my fathers statements will get recorded as case gets started.( its my assumption)
3. I heard that second marriage in Hindu is not legal. Does it mean, children's of the second wife don't have equal rights as first wife son?

Please give me your invaluable advice. Appreciate yours efforts in writing suggestions.
Thank you.
Regards P
Asked 1 year ago in Property Law from Bagalkot, Karnataka
Religion: Hindu
Children’s have no right to get share in the self acquired property of father their parents. If the father has divorced his first wife legally then the second marriage is valid other wise it is null & void.

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

Hindu Succession Act deals with the distribution of the property of the propositus, among class I heirs.
If your father died with out creating a will or document regarding his properties, all the properties divided in between son in the first wife, second wife and her children’s equally. father crated a sale deed or settlement deed in his life time ,no body can easily challenge the same. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. During the lifetime of your father none of his children, whether from first or second marriage (which is illegal), can claim a share in the properties which are his self acquired. However, the children can claim their lawful share in the ancestral property. Your father can enter defence to contest the case filed by his son.

2. Your father is at liberty to execute a will in favour of anyone in respect of his properties.

3. If your father dies without making a will his children from first and second marriage will succeed to his properties in equal proportion. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
1) second marriage during subsistence of first marriage is illegal 

2) she won't have any share on husband properties 

3) in case your father dies intestate or without a will first wife , son from first wife , children from second wife would have equal share in his self acquired and ancestral properties 

4) father can during life time excite gift deed in respect of his self acquired properties 

5) son from first wife cannot claim. 50 per cent share in respect of self acquired and ancestral property of father 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1.Even though my father is in favor of w2 and her childrens, how much court shall order to pay him(w1's son) considering 3 sons of w2.
In the ancestral property (if proved), the son of first wife can seek partition and separate share out of the share of his father and not beyond that.  The father can settle his entire self acquired properties in favor of his children born out of his second wife without allotting any share to the son of first wife.

2. As My father is aged 65+. Is my fathers opinion written on bond(what we call as WILL) will be helpfull. Till now my father has not done any WILL's.
Your father may execute a Will in favor of anyone or more than one person of his choice bequeathing his self acquired moveable or immoveable properties besides his own share of property out of the ancestral properties.


Don't know how to ask this but I am focused on my question. When the person who has two wives dies then only first wife son's name will get attached to property or second wifes children's name.
Not at all, the self acquired property may devolve on all his legal heirs if the owner dies intestate.

Here WILL can play any role in enrollment of name.1.Even though my father is in favor of w2 and her childrens, how much court shall order to pay him(w1's son) considering 3 sons of w2.
2. As My father is aged 65+. Is my fathers opinion written on bond(what we call as WILL) will be helpfull. Till now my father has not done any WILL's.
Don't know how to ask this but I am focused on my question. When the person who has two wives dies then only first wife son's name will get attached to property or second wifes children's name.
Here WILL can play any role in enrollment of name.
Even though he filed a petition he is purpusely delaying in fear that my fathers statements will get recorded as case gets started.( its my assumption)
3. I heard that second marriage in Hindu is not legal. Does it mean, children's of the second wife don't have equal rights as first wife son?
 A Will may assume importance only with regard to self acquired properties.

Even though he filed a petition he is purpusely delaying in fear that my fathers statements will get recorded as case gets started.( its my assumption)
No comments

3. I heard that second marriage in Hindu is not legal. Does it mean, children's of the second wife don't have equal rights as first wife son?
Though the solemnisation of second marriage during the existence of first marriage is invalid, the children born out of such marriage cannot be illegitimate children.  Such children have equal rights towards the self acquired property of their father along with his other class I legal heirs.  His second wife may not have any rights in the property that have been left intestate by the husband. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) your perception is correct children have share in ancestral and self acquired property on demise of father 

2) what basis you say property is ancestral ? Property inherited by your father from his father is not ancestral . 

3) please note that any legal heir  can seek partition of ancestral property 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Your perception is wrong.  If father dies intestate, the children of legitimate marriage(i.e., first marriage will have share in the self acquired as well as ancestral share of properties held by the father before his death or left behind him after his death.
The children born to second wife will have rights only to the father's self acquired property if the father is dying intestate. 
The children born out of legally valid marriage has rights in the ancestral properties by birth and their right to share will be restricted to the share of their father's share in such properties alone and not beyond that. The defence to be adopted by the father can be predicted by an astrologer and not a lawyer. 
If first wife is still alive and has not divorced her husband, her marriage is legally valid and other marriages cannot claim legitimacy. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
During the lifetime of father his children cannot claim share in the property which is self acquired by the former. Be that as it may, what will be the basis of court's judgment cannot be foretold by us.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0

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