Rights to Property of a Second Wife and Her Children
Sep 10, 2018 Legal Guidance
Indian law to inherit property has laid many factors clearer in past decade to put to an end to disputes. One of the popular moves was the Hindu Succession Act, 2005, where a daughter has full right on the ancestral property of the father as long as she can prove her succession.
Let's understand some in-depth knowledge of property inheritance laws with an example.
If the father is remarried after the first wife's demise, the father can dispose of his self-acquired properties as he wishes in his will. However, if in the case of the interstate, children of the first wife, second wife and second wife's children can claim the property getting one share each. The first wife's daughter cannot claim his property during his lifetime. If the first wife's daughter is denied of claiming the property, she can go to the court for help. As far as ancestral property is concerned, a daughter can claim it at any given point even after father's demise.
Let's understand some in-depth knowledge of property inheritance laws with an example.
If the father is remarried after the first wife's demise, the father can dispose of his self-acquired properties as he wishes in his will. However, if in the case of the interstate, children of the first wife, second wife and second wife's children can claim the property getting one share each. The first wife's daughter cannot claim his property during his lifetime. If the first wife's daughter is denied of claiming the property, she can go to the court for help. As far as ancestral property is concerned, a daughter can claim it at any given point even after father's demise.
Class I and Class II Heirs
Examples of Class I heirs: Son, daughter, widow, mother, son or daughter of a predeceased son, widow of predeceased son, and son or a daughter of a predeceased daughter
Examples of Class II heirs: Father, siblings, Son's grandchildren, daughter's grandchildren, sibling's children, grandparents, father's widow, brother's widow, father's siblings, mother's parents and mother's siblings
Examples of Class II heirs: Father, siblings, Son's grandchildren, daughter's grandchildren, sibling's children, grandparents, father's widow, brother's widow, father's siblings, mother's parents and mother's siblings
Second Marriage
If it is a legal second marriage (after divorcing or after the demise of the first wife), the second wife and her children can claim property too. However, now the Supreme Court verdict the children born due to second marriage even if the marriage is null or void can claim father's property.
Father's Joint Property: What're Second Wife's Children right to it?
Second wife's children do not have direct rights to joint ancestral property, although they have rights to their parents' self-acquired properties. In case father dies intestate, second wife's children are considered legitimate and coparceners in father's ancestral property.
If Two Wives Claim Property
In a case where the first wife deserts the husband, and then he is remarried, the husband's one share of the property will go to the first wife if she files a claim and the rest to the children of second marriage. Even if the second wife is the nominee for the husband, the marriage is considered void in case the first wife isn't divorced.
Although the laws of inheritance look complicated, the Hindu Succession Act has tried to simplify it.
Although the laws of inheritance look complicated, the Hindu Succession Act has tried to simplify it.
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