Table of Contents
Who are the legal heirs of second wife?
If the second wife is legally married, she has all the rights and a share in the property of the deceased husband, as she is a class I legal heir along with her offspring as per the Hindu Succession Act, 1956.
What are the legal rights of a second wife?
Under the marriage laws in India, Bigamy is said to be an offence if the first husband or wife is still alive. In a case, where the husband or the wife is alive then, the second marriage contracted by a person is not legal and does not hold any validity in the eyes of law, i.e, it is termed to be a void marriage.
Is second wife entitled to pension?
The Nagpur bench of the Bombay high court (HC) on Wednesday held that the second wife is entitled to the family pension if the second marriage was permitted by the customs of the deceased employee.
How do you split property between two wives?
Wives will not get a share in ancestral property. All the children will get equal share. The self acquired property of the father shall be divided 50:50 between both the wives. 1) Second wife has no right while the first wife and all children are entitled.
Does second wife get property?
The children of the first wife, as well as the second wife, will have equal rights in the property. If the second wife married her husband after his divorce with the first wife: In this case too, the second marriage is valid. Hence, it grants the second wife the rights in her husband’s property.
Who is legal heir for father’s property?
The court stated that the property of the grandfather can be held as the father’s ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers’ father had made a partition during his lifetime.
Can a man marry two wives legally?
No. A man cannot marry two people or have two wives in India. For example: If a Muslim person marries in Goa or the marriage is registered in Goa, then he cannot polygamy or keep more than one spouse at the same time. So if a Muslim male thinks polygamy is legal in Goa, then he is wrong.
Does second wife get husband Social Security?
As a spouse, you have the option of claiming a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse’s Social Security benefit.
Can I get my ex husband’s pension if he dies?
An ex-spouse who files a qualified domestic relations order (QDRO) with a pension plan following the death of her ex-husband is entitled to benefits. This case is significant because it provides protection for divorced spouses whose ex-spouse dies before making a benefit payout election upon retirement.
Is married daughter eligible for father’s property?
According to the order of preference mentioned under Section 15 (1), the property will go firstly to sons and daughters, including children of any pre-deceased son or daughter and the husband. Since your father is no longer alive, you and your brother will have the first right to your mother’s property.
Who is the owner of property after father death?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
How do I inherit my father’s property?