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UMy uncle(hindu) got into a relationship with a married woman from a different caste.Then she left her husband,and they went on to have four children together. However, they did not legally marry.Later, my uncle married a woman from our caste through a proper Hindu wedding ceremony, and they have two children together.
The property in question was inherited by my uncle from his mother (my grandmother). Given these circumstances, how will his property be distributed among his heirs? -
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PBased on views in several judgments… court will consider the first woman as wife as well… as there would be a long period of cohabitation for four children to born
Court will consider second woman too as he wife… and he had the the responsibility towards both of the women and children from both…
so in my opinion if there is no will then it will be divided among all members equally.
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QNAL
Looking at it if the first party as you said legally isn’t married then only the second party will have the right over his property. If the first wife doesn’t claim her share it’ll all go to the second wife who you say is legally married to him.
If the first wife legally challenges the second wife then the court might order to divide the property equally between the two wives. As both had wives had children with him and did live with him for a good amount of time.
Overall it’s really confusing but likely if the children are legitimate then the court will likely divide it equally between both wives.
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UNAL.
Legally, the uncle does not owe anything to the woman from first relationship since they’re never married. But these days the court has changed that view a little. However, the kids of the First relationship do have a share in his properties- ONLY if they’re ancestral property (look up what constitutes ancestral- there’s rules like non-partitioned…etc). If it’s not ancestral property, it’s your uncles wishes as it is his personal property.
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PNAL
As per Hindu law , only legal married women get the wife title.
1.Illegitimate children will have the right to maintenance until they are majors.
2. Illegitimate children will have no right in ancestral property.
3. Illegitimate children will have the right to share in their father’s self acquired property if no will is present.Points 1 and 2 are solid. Point 3 can be debated.
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SSince your uncle is Hindu, the Hindu Succession Act, 1956 will apply to his inheritance. Let’s break it down:
1. Legality of Marriage & Wife’s Rights The second relationship (with the first woman) does not constitute a legal marriage under Hindu law, as she was already married when they got together. Even though she left her husband, unless they officially married under Hindu Marriage Act, 1955, she is not a legally recognized wife. The second wife (from your caste) is the only legally recognized wife because the marriage was performed through a proper Hindu wedding. 2. Legitimacy of Children All six children (from both women) are legally considered legitimate heirs under Section 16 of the Hindu Marriage Act, 1955 (which grants legitimacy to children regardless of the marital status of their parents). The first woman (not legally married) will not have inheritance rights, but her four children will. 3. Nature of Property Since the property was inherited from your uncle’s mother, it is considered ancestral property (if inherited as per Hindu law). If it was inherited as self-acquired property, your uncle has full rights to distribute it as he wishes. If ancestral, all his legal heirs (children) have an equal share. 4. How Will the Property Be Divided? The wife (legally married) and all six children are Class I heirs. The property will be divided equally among them. Final Distribution: If your uncle passes away without a will, his legally married wife and all six children will get equal shares of his property. The first woman (unmarried partner) will not get anything.
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DThe first woman is married to someone else, it will be assumed that the children belonged to the husband of the mother. Not to OPs Uncle. It will have to be proven in court that these are his kids.
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UHe was just in a relationship with the first woman. They never married through a Hindu ceremony or had a court marriage, but I referred to her as his wife because I didn’t know what else to call her, as she was the first woman he was in a relationship with and had four children with her.
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QSince we are talking decades old when photography wasn’t much accessible, the first woman can still claim temple wedding happened without proof. Even if they don’t the court will likely hold their relationship as a marriage. Her children will have the share in property unless there is a written will from the father saying otherwise. So brace yourself.
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HLegally married, and all the kids are beneficiaries. The first wife is a type of living relationship, as there was no marriage and the woman did not divorce her previous husband, so I don’t think she has any right to inheritance. But she can claim it with her previous husband, as legally they are not divorced. I think 4 children can also claim inheritance from the first woman’s husband, as Indian courts consider the child from parents even if they are born of extramarital affairs.
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