Property Rights Of Second Wife And Her Children In Husband's Property In English - By NANILAWSCHOOL.
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The property rights of the second wife
To determine the rights of the second wife, we must first examine the legality of the second marriage. The Hindu Marriage Act, 1955, prohibits polygamy. Section 5 of the Hindu Marriage Act, 1955, specifies that at the time of marriage, none of the parties should have a living spouse. Therefore, if this condition is not met, the second wife does not have the right to claim any share in the property of the husband. Additionally:
If the second marriage is valid, i.e., the husband gets married after the demise of the first wife or after getting divorced from the first wife, then the second wife has the same rights as the first wife over the husband’s property. This is valid for both the husband’s self-acquired as well as ancestral property.
The Hindu Succession Law defines the following members as Class I legal heirs to the deceased person’s estates, in case of the absence of a will, i.e., the owner’s intestate demise:
The right of children of the second wife:
In case, the second marriage is a valid marriage, children born out of this wedlock share equally with the children of the first wife.
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.
However, under section 16 of the Hindu Marriage Act, such children have a right to inherit the property of their parents alone.
They can inherit the property of their father, whether self-acquired or ancestral but not the ancestral joint family properties. It implies that they cannot inherit ancestral property other than the share of their father in the ancestral property.
The law says that the children of the second wife have equal rights as the children of the first wife on their father’s (self-acquired and ancestral) property.
Divorce
The right of the second wife to maintenance:
If the second marriage was performed without disclosing the fact of existing first marriage, the second marriage is not valid. However, the second wife gets the status of a legally wedded wife only for claiming maintenance. Children of such second marriage also have a right to maintenance.
Class I heirs: Son, daughter, widow, mother, son or daughter of a predeceased son, widow of predeceased son, and son or a daughter of a predeceased daughter
#PROPERTYRIGHTSOFSECONDWIFE#HMA ACT1955#NANILAWSCHOOL#
Пікірлер: 34
Good knowledgeable video, keep going share your legal knowledge with us& do your best.
Much needed video, containing very good information sir
good information sir tq so much
Sir please make a videos on first wife children rights on property if in case father refused to give property for first wife children can we have a right on that
@vinaykeshri5247
3 жыл бұрын
Same condition
@mruthyunjayarvramohalli5929
2 жыл бұрын
Plsee make videos sir
Nice experience
Sir ye bataye agar husband foreign bhag jaye sab income leke like UK Jese Vijay Malya baga or maintenance na de to kya hoga.
Pls kananda Dali heli
Hi sir... In one of the case a child of first wife is still alive but mother is lost. Death of the first wife is due to dowry and done by her husband( in 1999) no proof are left... But have eyewitness. Now till date father did not see the child... So my question is what are the rights of first wife child...? How to proceed...? Ancestral property is less.... But the other property done is 2 -3 acres... ( but this is done by working in field of ancestral property) so does this also belongs to ancestral property..? Do the first wife child have rights in this.... Please answer sir...
Sir I am son of first wife how the right of me for perporty say please My father not divose to first wife
Sir property divided according to wives or children.
@olamartins399
2 жыл бұрын
I love to know too what if is 3wife
If all the property are on illegal 2 wife name?? How can it be claimed
Pls yar adru heli kannadali nan Kuda nam husbandge 2 wife nangu nanna 2 maklu ondhu gandu magu 5 years 3 varsha henmagu Ede so nangu nan makkaligu rights edhiya
Sir agar first wife ke bete honge aur second wife k bete P tho Kanon kaunse bete ko anukampa dega kyuki dono patni k bete haqdar h tho judge kisiko dega job karne k mauka
Sir if person A marry girl B and with B he has 2 kids. After 30 years B expires with 2 childs left. Now person A again marries some women C, but because of age A and C don't have child. Will any ancestral property go to women C child, who don't have child from A but have child from some other husband.
I have a query
Nan husband nanna bitu 1 year aythu police steshan nali complnt tagothila vakilara no Saha sigthila manila sanga kade hodru Saha help ge barthila 50 savra dud keltare yen madodu thilithila pls yaradru help Madi nan makkaligu rights sigutha antha mate nan gannadana asthi mane jaminu tumbha Ede adrunu maklu nandhu antha preu madu amele Nina makkalna bidthini antha helidane
Sir please try to make a video on property rights of a muslim second wife. It's my humble request please
Please kannadali helli
Sir wonderful voice and ur speech sir and i m fan hogya for ur best information sir but want to small information sir give me sir ..my question is . father have two wifes first wife have no children s ,she had some helth issue then husband get second married second wife sir second wife have 6 children's 2 boy's and 4 girl's . first wife have 6 eckre land given husband liveng with second wife and childrens.. remaining property share with second wife , husband and children sir ..but my question is first wife property humlogoko hatha nai hatha please explain Sir
Sir plz kannadadalli vidieo aaki sir ede vidio aaki sir
Sir plz
Kannada-please
ಮೊದಲ ಹೆಂಡತಿ ಮತ್ತು ಎರಡನೇ ಹೆಂಡತಿ ಮತ್ತು ಅವಳ ಮಕ್ಕಳ ಆಸ್ತಿ ಹಕ್ಕುಗಳು ಹಕ್ಕು ಪಡೆಯಬಹುದು ಅಥವಾ ಆಸ್ತಿಗೆ ಏನು 🙏 lik sir
If you are a father and don’t want to give ancestor property to your son’s then here is what you can do. Get a loan on that agriculture land from bank and cultivate some crops with some of that money. Make sure you go into some losses and then sell the land saying you are selling it to clear the bank loan debt.That’s it , son can’t do anything.😄😄 Is this true sir ?
stop back round music
How to my father property my again the case