What is the right of second wife and son over father's property

Question

What is the right of second wife and son over father's property

24-Sep-2023 (In Family Law)

Dear sir, My father has two wives. The first wife has one daughter, second wife 2 sons. After some years first wife divorced from my father due to the reason of second marriage. What is the present status of the second wife and her childrens as they are living together with father long period after the first wife divorced. Any favorable judgment for sons and second wife over legitimate as first wife divorced. Kindly advice.

Answers (3)

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Advocate Brajesh Kumar LawRato · Accepted Answer · 2016-09-24T19:04:25+05:30

Answer #1

Son have the right in father's property irrespective of the fact that he is legitimate or illegitimate child. You can claim your rights in his property but your mother will not have any rights in his property. For better advice you need to personally come to my office.

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Advocate Rajendra Sharma LawRato · Accepted Answer · 2016-09-24T23:16:37+05:30

Answer #2

Well as per Hindu law only legally weded wife is entitled for maintenance but as per your statement first wife divorced then second wife is entitled as first wife if second got married now children are also entitled for claim

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Advocate Nishant Solanki LawRato · Accepted Answer · 2016-09-27T08:11:04+05:30

Answer #3

if the marriage took place during existance of the first wife then the second marriage within itself is null and void ,therefore the wife holds no rights but there are various supreme Court authorities where children even born out of illicit relationshipso would be considered to be legitimate and have right to seek maintenance.

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