There is often confusion about the legal rights of children after divorce, inheritance of property, alimony and the status of second marriages. However, the Indian Succession Act makes a clear distinction between the rights of the spouse and the separate legal rights of the children. Courts have repeatedly made it clear that only divorce ends the relationship of husband and wife, but the relationship and property rights between parents and children are always intact. The Delhi High Court recently reiterated this in a case. After the second wife intervened, the court dismissed the petition for maintenance of the first wife and child. The court made it clear that a husband’s second marriage can never violate the legal rights of the first wife and children.
Lawyers are clear about how the rights of children from a first marriage survive after divorce. According to the Hindu Succession Act, 1956, both sons and daughters are considered as first class legal heirs of their parents. This legal status of the child does not change even if the parents divorce. In other words, a child from a first marriage enjoys the same rights as a child from a parent’s second marriage. Of course, parents have full control over the property purchased with their own earnings. They can sell the property if they wish or gift it to someone while they are alive. However, if a parent dies intestate or intestate, the property is divided equally among the first class of heirs, i.e. wife, son, daughter and mother.
There is a misconception in the society that if a spouse and child get maintenance or lump sum during divorce, the children will have no right to their parents’ property in future. Legal experts believe that this idea is completely wrong. Maintenance is a matter of mutual right of husband and wife, while inheritance is a separate and inherent right of children. A parent can never waive a minor child’s future property rights in a divorce agreement. On the other hand, the second wife’s right to the husband’s property will be established only if their marriage is legally valid. This means that in case of a second marriage after a formal divorce of the first marriage, the second wife gets an equal share in the property including children and other heirs after the death of the husband.
Provident fund, life insurance, gratuity and bank deposits are also frequently asked. All these funds are considered part of the deceased’s estate and are divided according to inheritance laws. Many believe that the nominee whose name is in the bank or insurance gets all the money. However, the court clarified that the nominee is only a trustee who receives the money and not the real owner. So, even if the second spouse is named as nominee in the bank or insurance, the children of the first marriage can claim their share of the money. However, family pension is a completely different matter, as according to employment rules, it is paid only to the surviving spouse. In essence, regardless of the change in the marital status of the parents, the inheritance rights of the children are always protected in the eyes of the law.