What are the legal rights on property of first wife as per Hindu Law

Sir, My father married my mother 41yrs back after having 3 children, he did another marriage 30 yrs back. Not given any divorce. After marriage with second women my father completely neglected my mother and her 3 children. We were lived with my grand parents(father side) and my father was totally with them. Second wife has also having two children, after 22 yrs they started neglected my father and almost he was thrown out of house by them. Again he came to my mother for shelter. Now he wants to transfer the house and agriculture lands on my mother name. All the properties he got from my grand father(fathers dad). Is there any claiming rights to them from my mother which was transferred by my father. Is there any issues will rise in such case. Please help

Answers (3)

152 votes

According to Hindu law a person cannot marry second marriage until the divorce is given to the first wife.
If any Hindu person marries the second wife without giving divorce to the first wife then the subsequent marriage will be null and void. But the second wife can claim maintenance and the children can also claim maintenance and right over the property of the father even though they are illegitimate children.

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134 votes

Second wife’s children are known as illegitimate children.they too get share in your father’s property whether it may be self acquired or ancestral property. During life time of your father illegitimate children can demand partition but after his death they can demand for partition of their father’s property.

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The property which your father wanted to transfer in your mother's name is not ancestaral property ( the property in the name of your great grandfather is considered as ancestral), if it is his own self aquired property, then he has every right to transfer to your mother or for that matter to anyone as per his will and wish. If it is ancestral, your father cannot transfer the property. all the five children, from his first wife and second wife, will have equal share in that property, even though the second marrige he did is illegal and void as there was no divorce.

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