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Do children of 1st wife have claim over property of 2nd wife?
09-Sep-2023 (In Property Law)
Religion- Hindu My father marriaged twice. I have four brothers. Three of them are from first marriage and i am the only one from first marriage. There is piece of land on my mothers name.So, How can i transfer this land on my name? Legally or any other possible way my step brother can claim on this land?
Children born of second marriage are entitled to a share in the property of their father though the second marriage itself is void, the Supreme Court has held.
If a person marries a second time during the subsistence of his first marriage, children born of the second marriage will still be legitimate, said a Bench consisting of Justices S.B. Sinha and V.S. Sirpurkar.
Mr. Justice Sirpurkar said the law was clear that the second wife who was cited as the nominee by her husband to claim the benefits arising out of his employment could claim succession certificate in favour of her children. However, she would not be legally entitled to receive a share from her husband’s property.
If a person marries a second time during the subsistence of his first marriage, children born of the second marriage will still be legitimate, said a Bench consisting of Justices S.B. Sinha and V.S. Sirpurkar.
Mr. Justice Sirpurkar said the law was clear that the second wife who was cited as the nominee by her husband to claim the benefits arising out of his employment could claim succession certificate in favour of her children. However, she would not be legally entitled to receive a share from her husband’s property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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As per Hindu Law , Property which is under name of your deceased mother, goes to you. Your Step brothers have no claim or right over it. Moreover apart from this you have equal share and right over your father's property. For further query you can contact me.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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