Asked August 26, 2016

succession for legitimate & Illegitimate children

  • 1 Answer

Sir/madam, my hindu father married to my mother 27 years ago and just after 8-9 years of 1st marriage ,he also did his 2nd marriage with someone ,my father managed with his both wives but 5 years ago my mother (first wife) passed away and now my father is also passed away just a few days ago .so now the problem is that my father's second wife is claiming on my all father's property and she is saying that we(son of first wife) dont have any rights .So please tell me the law on that situation

Answer 1

Default avatar
Saumya Kumar
As per the Hindu Law, the second marriage of your father will be null and void (Prabhubhai Ranchhodbhai Tailor vs Mrs. Bhartiben Prabhubhai Tailor, 2004 (3) MhLj 487). As per Section 16(3) of the Hindu marriage Act, 1955 provides that an illegitimate child has a share over the property of his parents alone and no other relative. This provision has been interpreted by the Supreme Court to mean that an illegitimate child has the right over the ancestral and self-acquired property of his father after his death and not during his lifetime. (Revanasiddappa & Anr vs Mallikarjun & Ors, 2011 (86 ) ALR 450). Therefore in the circumstances given by you, your step-brother and sisters will have an equal share over the property with you. You your siblings, your mother and your half brothers and sisters will have an equal share over your father's property as Class I heirs of your father. The second wife's claim is absolutely wrong and as long as there is no will executed by your father you and your mother will be recognized as Class I heirs and have a right to claim the property.
Agree Comment 0 Agrees about 5 years ago

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