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Who wil get the property the child ?


04-Apr-2023 (In Property Law)
There is a woman ,she has married twice .his first husband is died and she has 1 child of first marriage.then se marries with another men and they don't have any child but the second husband dies and after few day the wife also dies .the property is in the name of husband. will the child of the lady will get the property?
Answers (2)

Answer #1
826 votes
Yes he will get the share in the property of husband because his step father who died is also not having child so as per the Hindu Succession Act he comes within second schedule. He can file for Succession if his rights get infringed.
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Answer #2
601 votes
No, the child will not get property from the second Husband, as he or she is the child born out of first wedlock. Because if the Mother would not have taken the custody of child born out of first wedlock with her or would not have taken the responsibility of taking care of that child, then the court will not get pleased to transfer property in first child's name
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