• Is there any rule to give share in property to 2nd wife, with out giving the diverse to 1st wife

Sir my father married 2nd marriage without givee a diverse to my mother, is there any rule to give a share in our property to 2nd wife?? My father did not intimate to me and mother to his 2nd marriage, now the 2nd wife had a 2 children's, now there is any rule we have to give share in our property to the 2nd wife and his children's ?? Reply me sir
Asked in Family Law from Hyderabad, Telangana
Religion: Hindu
your father second marriage during subsitence of first marriage is illegal .

2) second wife has no share in her husband properties . 

3) however her children born out of said marriage have equal share in the father properties 
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

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second marriage during subsistence of earlier marriage is null and void . Without divorce second marriage is an offence under section 494 of ipc.Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. 

An inheritance rights have been granted to children out of a live-in relationship, with respect to both ancestral and self-acquired property. Recently the Supreme Court of India in Revanasiddappa v. Mallikarjun  opined that: the constitutional values enshrined in the Preamble of our Constitution which focuses on the concept of equality of status and opportunity and also on individual dignity. The Court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage.So the children s from 2nd wife has legal right over the property.But they must proved they are  childrens  born out wed lock with your father and mother. 
Ajay N S
Advocate, Ernakulam
2068 Answers
24 Consultations

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1. 2nd marriage without divorce to first marriage is not valid and hence the second wife acquires no title in the proeprty left by husband.
2. Your mother if she so wishes can file criminal case of bigamy agaisnt him.
3. Wife in normal circumstances has nor right of share until and unless her husband dies.
4. The child born out of this marriage will inherit property left by your father.
5. Your father can not transfer his ancestral property in favour of the illegitimate children but an give his self acquired property.
Devajyoti Barman
Advocate, Kolkata
7265 Answers
82 Consultations

4.9 on 5.0

What is meant by anuvanshik?

2) kindly clarify 

3) second wife children have equal share in father  property 
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

Although the second marriage of your father is illegal this does not stop him from giving his property to his second wife and/or children born from the second wedlock as the owner of a property can give his property to even a stranger. The children born out of the second wedlock are, notwithstanding the illegality of the second marriage of your father, are his class 1 legal heirs, who along with his lawfully wedded wife and children born from the first wedlock will succeed to his property equally if he dies intestate. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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First of all you should understand that properties in your father's name cannot be claimed as a right during his lifetime by anyone including you or his wife.

Second thing, the second marriage is not valid and she cannot be considered as his wife during the subsistence of the previous marriage and the spouse living at the time of second marriage by your father.

The second marriage is null and void.


However the children born out of second marriage are legitimate children and they would have rights in his self acquired properties but that also only after his lifetime. 


The second wife is not entitled to any rights as per law over his properties. 

T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

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But Sir it is not my father property, it coming by anuvanshik. The 2nd wife children's also have a equal rights in that??

The properties inherited by yor father and is reported to have died intestate then the children of second wife are not entitled any share i it.
They are entitled to a share in his self acquired properties alone. 
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

5.0 on 5.0

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