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Father remarried w/o divorce,whats the right of step kids in property
30-Mar-2023 (In Property Law)
my father got second marraige without divorce. he have 2 daughters with second wife.what is the right of second wife's children in ancestral property ? what is the first wife's children's(2) right in ancestral property ? second wife's children considered as illegitimate ? they have right in ancestral ?
The second marriage itself is invalid as it is an offence under section 494 of IPC for which you can file a complaint in the nearest police station However, regarding the status of rights of illegitimate child in the ancestral property, the said illegitimate child can claim maintenance out of the property as well as his share in the property. According to the Supreme Court, there is no difference between a legit child and an illegitimate child. In this case, both of the legal heirs are entitled to claim their share in the property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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With out divorce second marriage is not valid, there is no right of your father property and ancestral property,only the first wife children got right sole property , any property they parches in the name of second wife that property was right from second wife children.
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Adv. Tirupathi Rao Gatti
Chirala | 25+ Answers
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