Law · Legal Aptitude
A woman's first marriage is void because it falls within the prohibited degrees of relationship. She has a daughter from this marriage. She later remarries and has two more children. If the daughter from the first (void) marriage claims a share in her mother's ancestral property, how is her right legally evaluated?
- 1The mother has absolute discretion to deny her any share since the first marriage was non-existent in law.
- 2Children from a void marriage are completely barred from inheriting any ancestral property from either parent.
- 3She can claim a share from her mother's portion of the ancestral property via a notional partition.✓
- 4She has no right because children of void marriages can only inherit property from their father's side.
Correct answer
She can claim a share from her mother's portion of the ancestral property via a notional partition.
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