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Second Marriage without Divorce
3 years ago
My father marriaged a women without geting divorce with my mother. as we were children, we did nothing at that time. We are 3 brothers and a sister lived very stressful life along with my mother.
My father lived his life with the women in other state untill my grandmother died. After getting opportunity my father he established in village for property. Now he is telling us to devide property within 4 of us and 2 childs from the woemn. He also demanding property for himself. Kindly suggest us because we are in big stress.
A.Hi,
Your father's second marriage was void ab initio, it was never valid under law. The two children can still claim a share of ancestral property despite being illegitimate.
However, they cannot claim a share of anything your grandparents left to your siblings and you specifically. Your father cannot claim a share of the property for himself either.
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Your father's second marriage was void ab initio, it was never valid under law. The two children can still claim a share of ancestral property despite being illegitimate.
However, they cannot claim a share of anything your grandparents left to your siblings and you specifically. Your father cannot claim a share of the property for himself either.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Your father's second marriage is invalid, and the children born from it are illegitimate. However, the two children still have a valid claim to your father's ancestral property as his legal heirs. You will have no choice but to grant them two shares while dividing the property.
If you found this helpful, please rate us.
Your father's second marriage is invalid, and the children born from it are illegitimate. However, the two children still have a valid claim to your father's ancestral property as his legal heirs. You will have no choice but to grant them two shares while dividing the property.
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Sidhaarth
Responded 3 years ago
A.Second marriage of your father is illegal and void in nature and children born from second marriage are illegitimate but such illegitimate and illegal children get right of inheritance of your father property only but not in the property left by your grand parents like grand mother. The demand of your father is not tenable in law. Your father is entitled to inherit all properties of grandmother. You children from first marriage have no independent right of inheritance and has only right of maintenance.
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