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If the first wife is missing for seven years and she has a son, will she have any share in the property or not?

28-Feb-2023
Property

Answer By Law4u team

If the first wife is missing for seven years and she has a son, then the legal status of the marriage is uncertain, and it's possible that the marriage may be declared as presumed dead or dissolved. In such a case, the first wife would not have any claim to the property of her husband, and her share would be distributed as per the applicable laws of inheritance. Under the Hindu Succession Act, if the husband dies intestate (without a will), then his property will be divided equally among his legal heirs, which would include his son from the first wife, and any other surviving spouse and children from subsequent marriages. However, if the husband had made a valid will, then the distribution of his property would be as per the terms of the will. It's important to note that the specific legal rights and claims of the parties would depend on the facts of the case, and it's advisable to consult a lawyer for specific guidance on the matter.

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