Can second wife and children claim share from Dhana settlement?
A man had two wives. His first wife passed away and they had four children together, two sons and two daughters. After her death, he legally married a second wife. The second wife has three children, two daughters and one son. A Dhana settlement (property settlement) was executed three years after the second marriage. However, the Dhana settlement mentions only the two sons from the first wife as beneficiaries. How can the second wife and her children claim a share in the property? What percentage of the property are the second wife and her children legally entitled to?
Property given to a woman at the time of marriage or thereafter, is known as Dhana settlement (or Stridhana). If the property is settled in the name of the first wife, the second wife and her children cannot generally claim a share therein. Otherwise, a second wife herself has rights if the Dhana was ancestral or was of joint family nature, or if the husband made a new arrangement including the second wife and her children. The legal rights of the second wife and her children also depend on whether the second marriage is legal as per personal laws such as the Hindu Marriage Act, 1955. Section 16 of the Hindu Marriage Act gives the children of the second marriage a right to inheritance even if that marriage is held to be invalid.
If the property was self-acquired by the man, he had full right to gift it to anyone, including just his sons from the first wife. The second wife and her children can’t claim that gifted property, but they can claim equal shares in any remaining property if he dies without a will. Legal action is possible if fraud is suspected. For further legal assistance contact us on our helpline number.
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