Property rights of the second wife and her children

Property rights of the second spouse and her children can be examined and assessed as rights of the second spouse and her children born outside of the first marriage and included in their father’s possessions. In ancient times, polygamy came to be accepted and practiced among Hindus. The Hindu Marriage Act of 1955 is the current law in India that forbids bigamy and polygamy. If the marriage is legal under the Act, the wife is entitled to several privileges.

If a marriage complies with the conditions listed in Section 5 of the Hindu Marriage Act of 1955, it is legal under the law. One of these circumstances is when neither spouse possesses a home of their own or a valid marriage at the time of the wedding. The kind of second marriage is prohibited if at the time of the second marriage, any birthday celebration has a partner residing with them or if the first marriage has not yet been annulled or divorced.

The second spouse in this type of situation has no right to inherit any of her husband’s property when the person covered by the terms of the Hindu Marriage Act has married twice and the second marriage is null and invalid. If the second marriage complies with the Act’s rules as a valid union, the second spouse will have the same legal entitlements to her husband’s property as the first spouse.

Children born outside of wedlock will share the same percentage of the parent’s children if the second marriage is a legal union. The children of the second marriage are treated as legitimate children and have a right to inherit from their father’s property, even if the second marriage is invalid or voidable under the Hindu Marriage Act.

However, such children have a right to inherit the property of their mother and father alone under Section 16 of the Hindu Marriage Act. Whether or whether they were given the possessions by their father, they can inherit them. However, the ancestral joint family holdings are no longer available for inheritance. It implies that they are only eligible to inherit a fraction of their father’s share of the family property.

According to the law, the children of the second spouse have the same rights to their father’s (self-earned and ancestral) property as the children of the first spouse.

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