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What are the rights of wife and daughter in husband's property


14-Dec-2023 (In Divorce Law)

Hello sir ,i want to know, a lady who married in 1959.his husband did another marriage in her presence in 1961 nearby.so this 2 nd marriage & domestic violence fr. His family member she started to live separately with her 2 yrs daughter in her father's home. She did her daughter's education & marriage by daily farm work.up to yet he didn't give any single rupee.now she is above 70 & her daughter is above 50yrs.3 yrs back she filed maintenance case but still not got any result.he has divided all his ancestral & self acquired property among his 2nd marriage sons.so how she get her right.

Answers (3)

Answer #1
900 votes
if the husband and wife are Hindus than second marriage is illegal therefore the 1st wife and daughter have all succession rights.
in case of Muslims the property will be divided as per Muslim Law.
we need to know more facts for clear opinion
Advocate Vishva Handa

Adv. Vishva Handa

LawRato Navi Mumbai | 25+ Answers
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Answer #2
862 votes
A hindu male can dispose off his self acquire property as per his wish and will. But in case of ancestral property his right is restricted to his share only. so far this case is concern the child born out of the first wedlock, which is still in existence, can get his share in ancestral property. the wife is also entitle her share but only after death of her husband. At present the wife is entitle for her maintenance. You have to file a civil suit for partition to get your share in the property.
Advocate Sangram Singh Desai

Adv. Sangram Singh Desai

LawRatoPune | 25+ Answers
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Answer #3
811 votes
Was the second marriage solemnized after divorce from first wife.if answer is no & you are not mohamedans yours father second marriage is null and void. Your mother can claim maintenance from father In respect to property he can dispose of his self acquired property as he likes but not ancestral property .
Advocate Aniruddha Prabhatkumar Pawse

Adv. Aniruddha Prabhatkumar Pawse

LawRatoThane | 100+ Answers
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