Kids from second-marriage have no rights on joint-property: Bombay HC
What's the story
The Bombay High Court, recently, gave relief to a woman and her two daughters, who were thrown out of their house. The court maintained that only they have rights on the joint-property.
The sons of the man, from his second marriage, were not entitled to a share in the joint property, the court ruled.
Here are the details.
The case
First marriage happened in 1975, wife was thrown out 8-years-later
The first wedding happened in 1975, and the first wife was thrown out of the house eight years later.
The daughters, both married now, and their mother filed a suit in Niphad court in 2002 demanding share in joint-property. The court ruled the father, his first wife, and daughters should get 1/4th of the property each.
The father challenged this judgement at High Court.
The arguments
Here's what husband claimed in court
The father told the court that since the property was ancestral and not self-acquired, the daughters had no right in it. He argued they only deserve share on the self-acquired property and supported his claims with Hindu Succession Act.
However, Justice Joshi said that the 'legitimate' children born out of second marriage only have rights on property of their parents, and not joint-property.
Quote
Children from second marriage only entitled to parents' property
"The children born to the second wife, who are rightfully called as 'legitimate', their right to get share in the property is, however, restricted only to the property of their parents and not to the joint family properties," the court observed.
The judgement
Sons entitled to father's 1/4th property share, the court rules
Further, the court said that the sons will get a share from the father's 1/4th property share. "As far as the present suit is concerned, they (sons) cannot be entitled to any share in the suit properties," the court said.
The order read, "The court rightly held that the first wife and two daughters, will get 1/4th share each in the suit lands."