Property right as second wife and children after husband's death


Many years ago , Saroj ( hindu) got married to Jagdish (hindu) ( who earlier said that his first wife is dead and he has children from first wife ) in orai, Uttar Pradesh. After marriage I came to know that her first wife is alive and live in her home; whom he deceptively told that was her servant. I adjusted anyhow in her home, but later after giving birth to one girl and one boy, Jagdish started domestic violence with me and threw me out of the home declaring his first wife as the only wife and denying me and my children Since then it's been many year, I followed the long legal procedure, but I am very poor and hardly manage my daily finances, I live with my parents who are very old now. Recently I came to know that my husband has died, but she wants my and my children't right in his property. Jagdish children from first wife are very affluent and strong in power. Please provide legal advice and procedure in this matter.

Answers (2)


222 votes

on the above mentioned query please note down that boarding to Hindu law and Hindu Marriage Act if the first wife is alive or living separately, that is no ground for the second marriage . if the man got divorce from the first wife then he can remarry . but in your case your marriage is world because the first wife was alive at the time of second marriage.
as per law of succession if anyone do two marriages in his lifetime , then after the demise of person the children's from the first wife and the second wife both are the legal Heirs of the deceased person . the share of legal Heirs in the property of the deceased is equal .


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271 votes

You may contact me in this regard

I need to understand the case in more detail and accordingly I can help you in this regard.

As per SC order, your son and you are entitled but for that, facts needs to be discussed based on law.

Let me know

Regards

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