The legal right of the wife and her children over the husband’s property is legally governed by the Hindu Succession Act of the marriage. The rules come under the section of the Hindu Marriage Act 1955. The children also have the right to claim the property under the Hindu Succession act 1955 to their father’s property. The majority of people always ask about the Rights of the second wife after the first wife’s died in India.
When it comes to the post-marriage or the second marriage, the rights of the wife in the husband’s property is the main condition that comes in the Hindu act. According to the Hindu Succession Act 1956 and the adoption and maintenance act, 1956 must become on the situation and the scenario. The legal laws and authority give the ordinance right to the wife that she has the absolute right over the husband’s property.
Brief details about the property rights of the second wife
To determine the legal rights of the second wife on her husband’s property, it was first to examine the legality of the second marriage. In case the person must have the legal marriage certificate with her second wife according to the Hindu Marriage Act 1955. Therefore, there are some legal laws and conditions are mentioned in the regulations. If the condition is not met, the second wife of the individual does not have any right to claim a share in inherited property.
In adding now, here are some crucial points related to the Hindu Marriage Act 1955 you need to pay attention to.
- The one gets rights if the second marriage of the person is valid, and then the individual gets married to another woman after the demise of his first wife or after getting the divorce from his first wife. In that scenario, the second wife has the legal rights and authority as the first wife over the husband’s property and inherited property.
- The Hindu Succession Law 1955 defines the following members are the legal people who can ask for a share in the father’s property. These are son, daughter, widow, mother, stepdaughter, stepson, and stepmother.
- The second wife and her children also have the right to maintenance under the Hindu adoption act 1956.
- The children of the second wife from her previous marriages also have the right to give the claim over the husband’s property.
Moving forward, the children of the person from the first marriage or the first wife as well as a second marriage would have equal rights over the property of the individual on both selves acquired and inherited.
To sum up with!
All in all, to sum up, in this article, we have status about the law related to the property rights of the first and second wife in husband property. You can also check out the judgment and the few cases for a brief description and details about the legal rights of the second wife on property in India.
