Can children of 2nd wife claim share in property

707 votes

Yes, Normally the rights of the children of the second wife is as same right held by the First wife. But she need to prove it.

The Second wife does not carry a good right in law.

The legal heir ceti does not contain all the rightful legal heirs sometime. The court may rely on some other documents also for deciding the case.

As i mentioned above even the illegitimate children of a male can claim their right in their father estate. Law clearly support when the same was proved properly without doubt.

However you may take a defense to her claim based on the facts of the case.

Advocate GP Vijay LawRato

812 votes

Though your grandfather did not marry his second wife and she remained to be his concubine till his death and could not acquire the status of legally wedded wife, her son cannot be called as illegitimate son. For all practical purposes and legally he is entitled to be your grandfather's legitimate son and entitled to a rightful share in your grandfather's self acquired property. Just a proof that he is the son born out of the relationship between his mother and your grandfather shall be enough to prove that he is one among the legal heirs of your grandfather. He need apply for the same with the authorities or court. On that basis itself he can seek partition and separate possession of his share in your grandfather's self acquired property.

Advocate T Kalaiselvan LawRato

550 votes

sir,
As per the law prevailing in our country, second marriage without annulling the first one is not valid and punishable. but the issues( Children) arising out of second marriage are the legitimate legal heirs of the father. hence the legal heirs can claim a right over the self acquired property of the father.

Advocate N Sudalai Muthu LawRato

697 votes

If the property was your grandfather's self acquired property then the children born out of your father's relationship with his concubine or the second wife are legally entitled to a legitimate share in his self acquired properties alone.
He need not obtain legal heir ship certificate for claiming the property. He can very well file a partition suit and seek partition as well as separate possession of his entitled share in his deceased father's self acquired property.

Advocate T Kalaiselvan LawRato