Child custody and property rights Child custody and property rights

3 months ago

My cousin is a widower with one child girl child and he met a girl after wards who's an unmarried woman and she's quite good only that the child she doesn't want to keep with her rest she's having no issues with anything else,so if an unmarried woman married a widow husband having previous child ,then on marrying him does that previous child gets any automatic rights of property or any kind over the 2nd wife - if the 2nd wife does not want to keep or adopt the child ?

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In the ancestral property (if proven), the children of the first wife can seek partition and separate share out of the share of his father and not beyond that. The father can settle his entire self-acquired properties in favor of his children born out of his second wife without allotting any share to the children of his first wife. The rights to ancestral property for the first wife and her children without a divorce from the husband are determined by the Hindu Succession Act of 1956. Under this act, the wife and children have the right to inherit a share of the ancestral property along with other legal heirs.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In the ancestral property (if proven), the children of the first wife can seek partition and separate share out of the share of his father and not beyond that. The father can settle his entire self-acquired properties in favor of his children born out of his second wife without allotting any share to the children of his first wife. The rights to ancestral property for the first wife and her children without a divorce from the husband are determined by the Hindu Succession Act of 1956. Under this act, the wife and children have the right to inherit a share of the ancestral property along with other legal heirs.
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Vidhi Samaadhaan Vidhi Samaadhaan

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