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Daughters Born From Second Wife Would Inherit The Property Of Their Father Along With His First Wife

In view of section 5 and 11 of the Act, it must be Held that the marriage between both the parties after the commencement of the the Act . Therefore, considering that the marriage between husband and second wife was a void marriage, the question that would now arise is whether their daughters namely respondents no 2 and 3 were entitled to inherit the properties in question, with the first wife ,on the death of husband.

In this connection sec 16 of the HM Act ,1995 deals with the legitimacy of children of void and voidable marriage. Subsection (1) of section 16 of the Act clearly says that notwithstanding that the marriage is null and void u/s 11any children of such marriage who have been legitimate if the marriage had been valid , shall be legitimate.

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