Inheritance of the second wife A second wife has all the legal rights on her husband’s property, provided her husband’s first wife had already passed away or divorced before the husband remarried. Her children have equal rights on their father’s share as do the children borne of the first marriage.

What is the rule for second marriage?

Bigamy is an offence provided first husband or wife is alive. Section 5 of theHindu Marriage Act, 1955, clearly states that a marriage could be valid only if neither of the party has a living spouse at the time of marriage. Section 11 of the Act declares second marriage to be null and void.

Is second wife eligible for family pension?

“The personal law applicable to them permits customary second marriage,” said the bench. The court held that the marriage was not void, and therefore, the second wife Ganeshibai, can be termed as the widow of Ghasiram, deceased railway employee, and in view of Rule 75, she is entitled to the family pension.

Can a child born to a second wife claim father’s property?

However, the Supreme Court has opined that children born of a second marriage can claim father’s property even if the marriage itself might be void. But, the second wife cannot claim the property in case the marriage was solemnized when the first wife was living or wasn’t divorced.

What happens to the property of a second wife?

In the case of a legal second marriage, the property can be claimed by children of the second wife, too. However, if it happens when the husband has not divorced his previous wife or the wife is living and the man remarries, the second marriage is taken to be null and void.

What are the rights of the children of a second wife?

While children born of the second wife have right on their parent’s property, they do not have a direct right on the joint ancestral property, especially if the second marriage occurred without divorcing the first wife.

What are the property rights of a first wife?

For instance, there is a property that is owned by the husband, the legal first wife and her children (two sons) can claim their right in the property owned by their genetical father.