• Property sharing

hi, if a person has two wife and one son for each, but he and his first wife got separated with mutual acceptance on 25 years ago. there is no contact with first wife and the person after that. but he financially helps for his first wife's son for some time. he married with second wife after separated the first wife and has one son. person bought a property in the name of second wife. Question : 
1. is first wife or her son has right to this property in anyway?
2. if second wife died, then who all will be the legal rights on this property?
3. if second wife given this property legally (registered) to her son before she died, can first wife's son ask rights on that after the second wife died?
4. if second wife died without giving her property to his son but she made a clear will saying that 'all her property has rights only to her son'. is this enough for second wife's son to take that property or still first wife's son can ask rights on that?
Please clarify detail
Asked 10 years ago in Family Law
Religion: Hindu

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2 Answers

if first marrige has not been disolved without proper court proceedings your marriage will stand and there rights will also stand and your second marraige will not have any legal standing

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

since marriage has not been legally dissolved lady continues to be lawfully wedded wife . the second marriage is is illegal . on death of person property standing in his name would devolve on first wife , her son and second wife son .

however as far as property standing in name of second wife is concerned she would be absolute owner of her property . she can bequeath said property as she pleases .

answers to your queries are as under

1) No

2) her husband and son

3) No

4) yes second wife son would inherit her property

Ajay Sethi
Advocate, Mumbai
96774 Answers
7806 Consultations

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