If the second marriage takes place after the divorce of the first wife or after the death of the first wife, the second marriage is sanctioned by law and the second wife has all rights to the ancestral and acquired property of her husband. On the other hand, if the second marriage takes place before the divorce of the first wife or before the death of the first wife, the second marriage is not sanctioned by law (and is the responsibility of her husband`s class 1 heirs). In pronouncing judgements in some cases, the courts have declared that the second wife, whose marriage to her husband is void, can claim alimony if she can prove that she was not aware of her husband`s previous marriage. At the same time, if all your life insurance policies and investments have your second spouse registered as a beneficiary, they will inherit everything and your children from your first marriage will receive nothing. Although you are the son of the second wife, you have the same right to inherit property left by your father, whether it is an ancestor or acquired by yourself. Her mother, who is the second wife, does not have the status of a legally married wife and therefore cannot claim a share of ancestral property. However, you have 1/4 undivided ancestral property and acquired from your father (if his mother lives, then 1/5). You can sue for sharing common characteristics, both ancestors and self-acquired. In the event of the husband`s death, his first wife, daughter and second wife would have an equal share of his property. In deciding the outcome of some cases, the courts have declared that a second wife whose marriage to her husband is null and void has the right to claim maintenance if she can prove that she was not aware of her husband`s previous marriage at the time of his marriage.
As a result, the descendants of the first and second marriages would have acquired and inherited equal rights to the deceased patriarch`s immovable property. The name of the second wife has entered, she is a living wife. However, different courts have treated this differently. In 2021, the Nagpur Court of the Mumbai High Court ruled that the second wife could not be called his legally married wife, even though she had been left in the dark about her first marriage. The daughter of the first wife is also legally entitled to her share of her father`s estate. Her children, who are the grandchildren of the deceased man, will derive their title only from her, his mother. The second wife is also entitled to a share. In total, there should now be two equal shares – one for the daughter of the first wife and the other for the second wife. The three sons of the daughter of the first wife can claim their share only through their mother. Due to the fact that the law recognizes this second marriage, the second wife and any children she may have have the right to assert their property rights as the husband`s Class 1 legal heirs. As a result, both groups of children, that of the first wife and that of the second, receive an equal share of the inheritance of the property.
2. The first wife and her 2 children, you and your sister are entitled to an equal share of the property left by your late father. In other words, each legal heir is entitled to 1/5 or 20% of the property left by your deceased father. Under the Hindu Succession Act 2005, a girl has full rights to her father`s ancestral property. If she is not granted the legal share, she can also appeal to the courts. In Kirti`s case, his mother-in-law and sons are the Coparceners and have a legitimate share of his father`s property, given that his father legally married the woman. Mumbai-based Mumbai-based Mumbai High Court lawyer Ajay Sethi said: “After the father`s death, you would have a one-quarter share in his self-acquired properties. One cannot claim the father`s property that he himself acquired during his lifetime. Answer: The legal status of a second wife`s marriage is the main factor determining the extent of her legal rights. If the law recognizes marriage, the second wife is entitled to the same legal protection as the first wife. From case to case, several different courts have taken different positions on the second wife`s property rights in India. In this section, we will discuss some of the events that took place and how these events affected the second wife`s legal position in relation to her property rights.
Sheetaldeen (husband) was abandoned by his first wife Sukhrana Bai and later married Vidyadhari, with whom he had four children. Sheetaldeen had made Vidyadhari his candidate and all benefits arising from his employment were reserved for him. She was also able to apply for a certificate of inheritance for her four children. However, when both wives filed notices after Sheetaldeen`s death, while the magistrates` court was in favour of the second wife, the Madhya Pradesh Supreme Court favoured the first wife. Under Hindu law, the second marriage during the lifetime of the first wife is null and void. Thus, your parents` marriage is not legally valid and your mother, as your father`s second wife, has no legal status, but the children fathered by the second wife are entitled to the same share of property as the children of the first wife. Tehsildar`s certificate will not help you save more and prove except your father`s name. You have the right to bring a partition action against your mother-in-law and siblings. Property in your mother`s name will not be affected in any way. According to Muslim law, the wife is entitled to 1/4 of the husband`s property if he dies without direct issue.
If he leaves descendants in direct line, the woman inherits 1/8 of the property. If the husband leaves several widows, each also inherits. Therefore, under Muslim law, a second wife is considered a valid legal heir and can receive a legal certificate of inheritance in her favor. To ensure that a marriage is protected by law, Section 5 of the Hindu Marriage Act, 1955 requires that “neither party shall have a living spouse at the time of the marriage.” This is just one of many requirements that must be met. According to Hindu law, if a man marries his second wife while he is still legally married to his first wife, the first marriage is considered “subsistence” at the time of the second marriage. It suggests that the husband continue to be married to his first wife even after his second marriage, as marriage is considered a registered civil partnership. According to section 5 of the Hindu Marriage Act 1955, the marriage of a person to another person is null and void if he is still married. This provision was added to the act in the 1960s.
This suggests that the second marriage between husband and second wife cannot legally exist in this scenario. Children from previous marriages of the second wife, on the other hand, are not entitled to the deceased husband`s property. Accordingly, the property rights of the second wife are determined by the legal status of her marriage.