Second Wives and their Share in the Property
Feb 07, 2019 Legal Guidance
According to the Hindu Succession Act, 2005, the daughters have equal rights to the property after the demise of their father. In case of ancestral properties, one can claim for it any time in their lifetime. If your father remarried and had a family afterwards, a daughter still has equal rights on the property.
According to the law, Class I heirs can claim the property in case a person dies intestate. The Class I heirs include:
According to the law, Class I heirs can claim the property in case a person dies intestate. The Class I heirs include:
- Son
- Daughter
- Widow
- Mother
- Son of a predeceased son
- Daughter of a predeceased son
- Widow of a predeceased son
- Son of a predeceased daughter
- Daughter of a predeceased son of a predeceased son
- Widow of a predeceased son of a predeceased son
Daughter of a predeceased daughter• Son of a predeceased son of a predeceased son
If the Class I heirs are not available, the property succession is moved to the Class II heirs who include:
If the Class I heirs are not available, the property succession is moved to the Class II heirs who include:
- Father
- Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
- Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter.
- Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
- Father's father; father's mother.
- Father's widow; brother's widow.
- Father's brother; father's sister.
- Mother's father; mother's mother
- Mother's brother; mother's sister.
The second marriage can be declared null if the man has not divorced his first wife. Even if the man has a family with his second wife, without divorcing the first one, the children from the second wife are not the inheritors or coparceners. The children can, however, claim for their right in the father’s property while the second wife cannot claim for the share in property under such situation.
Share on the ancestral property by the children from the second wife:
The children from the second wife do not have any claim in the ancestral property. However, they can be considered as legitimate heir for the ancestral property, if the father died intestate.
What happens if both the wives file claim on the property:
If the man marries another woman without divorcing the first wife, the first wife still owns the share on the property after the demise of the man. The children who were born from the second wife after the marriage will have their rights on the father’s property but the second wife will not have any since the marriage took place before the first wife was legally divorced.
Share on the ancestral property by the children from the second wife:
The children from the second wife do not have any claim in the ancestral property. However, they can be considered as legitimate heir for the ancestral property, if the father died intestate.
What happens if both the wives file claim on the property:
If the man marries another woman without divorcing the first wife, the first wife still owns the share on the property after the demise of the man. The children who were born from the second wife after the marriage will have their rights on the father’s property but the second wife will not have any since the marriage took place before the first wife was legally divorced.
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