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Home / Legal / What are Property rights of second wife and her children?
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What are Property rights of second wife and her children?

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0 2022-07-31T15:47:17+00:00
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There are a lot of queries around the

rights of second wife after first wife death. I know many people have similar queries. Being a law student I can help you understand a few aspects better here. I will share with you the key information about the rights of second wife in husband's property below, please read carefully.

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  • As per the Hindu Marriage Act, 1955, remarriage without divorce from the first marriage is illegal.

  • In such circumstances,

    property rights of second wife in india will be that she

    cannot claim any share in the property of the deceased husband, in the case of death of the husband without leaving any will. 

  • However, the child from the second marriage would still be considered legitimate as per Section 16 of The Hindu Marriage Act, 1956.

  • Therefore, the children would have the right over the property of the father as a class I legal heir if the father dies without a will.

  • However, the second wife and her children have the right to maintenance under the Hindu Adoptions and Maintenance Act, 1956,  even in the case of an illegal marriage.

  • The children of the second wife from her previous marriages, however, have no claim over the previous husband’s property after his demise.

  • Basically, the property

    rights of second wife after first wife death or otherwise

    are dependent on the legal status of her marriage.

Read more:

What are the rights of wife in husband’s property in India

Can wife claim husband’s property after divorce in India

Can wife claim husband’s ancestral property in India

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