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Rights of 2nd wife in the acquired and ancestral property of husband


20-Jan-2023 (In Family Law)
How much share in the property can be claimed by the 2nd wife and her children in the acquired as well as ancestral property of the husband if he is unwilling to share any property? Religion hindu
Answers (4)

Answer #1
706 votes
In Hindu law, Keeping 2nd wife is unlawful in itself. So, you are not eligible for any share in property.


But if any child is born by your relationship then he/she have legal right in the property.

Answer #2
584 votes
Your both wife's and children of both have equal share in all of your property you can not denie to give them share in your property.


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Answer #3
502 votes
First please answer these questions after that only I will be able to help you.
1.What is the present situation of first wife?
2. Is she alive and had divorced or no more or she has also married to someone else?
3.How many children do husband have from his first wife?
Answer #4
513 votes
If the 2nd marriage has been done during the subsistence of the first marriage it shall be void. During the lifetime of the husband the children from 2nd marriage can only claim maintenance if they are minor. There is no right to claim share in any type of property of husband during his life time. If he dies without making a will then only the legitimate wife and all children including illegitimate children can have share in his property. Illegitimate wife cannot claim anything. If the second marriage has been done by hiding the fact of first marriage (which is subsisting during second marriage) then only the second wife can claim maintenance. If the second marriage is legal (after the death of first wife or after valid divorce) then also during lifetime of husband, wife does not have any share in his property. The wife and the minor children can only claim maintenance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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