What is the right of second wife in her husband property?

by admin on December 18, 2010

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My Uncle get second marriage but he did not divorce his first wife. His first wife living with her parents past 33 years. My uncle maked some property settlement for first wife 33 years ago. She also accepted for that settlement and signed in the “Baha Bathia Viduthalai Patharam”. My uncle have 2 sons for first wife & 2 daughters for second wife. His second wife & 2 sons & 2 daughters are living with my uncle. What are the property rights of all ? Equal rights or Percentage ?


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{ 3 Answers… read them below or add one }

Nagma December 18, 2010 at 2:23 am

If your uncle married the second time without legally divorcing his first wife…the second marriage is not legal…hence the second wife does not have any rights.


Bennet Raj J Advocate December 18, 2010 at 2:23 am

What is your role in this matter? r u a sharer? or 2nd wife?

If the property is self acquired, no one claim share from the same during his lifetime. CAN CLAIM AFTER HIS LIFETIME AND DIED AS INTESTATE [I mean without will]

2nd wife is not entitled for any share until the marriage between 1st and uncle is in force.

The 2nd wife deemed to be ‘illegitimate wife’ before the eyes of law.

But her daughters are entitled for equal share even though they are ‘illegitimate’

If husband is surviving and property is his self acquired, he may rightly execute a ‘Will’ during his lifetime in her favour

I am also in Tamil Nadu, mail me for further clarifications


oh_jo123 December 18, 2010 at 2:23 am

if your Uncle is married legally twice that is ILLEGAL in most countries so the second marriage in the eyes of the courts will be null and VOID


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