What are the rights of children from second wife after father's death? What are the rights of children from second wife after father's death?

2 years ago

My father expired without making a will. He had a second marriage without divorcing the first wife. He had 4 children from first marriage and 2 from second. He has put name of his second wife for his pension. Kindly let me know what right would the second wife and her children have on the property after his death. His first wife has also expired, however second wife is alive.

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Since he has put his second wife's name in the service sheet so the pension and retirement benefit like PF will be given to the second wife or children of second wife hence you should immediately send a letter of representation to the company/organization stating the fact that she is second wife and that marriage is not valid as your father did not take divorce from your mother. Hence they should not pay anything to them.
They would immediately stop the processing one receipt of the letter. Post that they may ask for some more papers or court orders to process all benefits in your favour.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The Supreme Court has opined that children born of a second marriage can claim father's property even if the marriage itself might be void. But, the second wife cannot claim the property in case the marriage was solemnized when the first wife was living or wasn't divorced.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
Even if the second marriage is void or voidable under the Hindu Marriage Act, the children of the second marriage are considered as legitimate children, and they have a right to inherit from the property of their father since they belong to Class I legal heir u/S 8 and 15 of HSA.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconUnregistered will without signs of witnesses
Dear Client, In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable u...
question iconcan a BENEFICIARY in the will be appointed as an executor
Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.
question iconChange religion
Dear client, if you want to change to islam then, you are required to visit a mosque in the locality and take Shahada in the presence of a Maulvi and two major witnesses. Once the Shahada is performed...
question iconWill
Dear Client, Yes, you can bequeath your property to a friend in compliance with all the legal formalities/proceedings. There is no law that prevents a person from disposing of his self-acquired proper...
question iconWill - My ancestral property is under dispute
Dear Client, In case the Court passes any order disposing of the case and awarding no relief, your WILL bequeathing your share in the ancestral property becomes infructuous and unenforceable under law...