Father getting married again. pre-nuptial agreement?

since it is his self acquired property he has every right to enjoy and dispose as he like. If he marries the lady she will become his lawful wife and she will also get share in the properrty after his death.

If you dont want any litigations in future ask your father to execute WILL.by mentioning the share clearly in the WILL.

It is self acquired property if he died intestate then his surviving wife and all children's get equal share.pre nuptial agreement doesn't work. So let Ur father execute a will or gift deed which comes to force during life time or after deceased

Which personal law applies in this case e.g; Hindu?

The definition of marriage varies according to different personal laws. Hindu Law marriage is sacramental and indissoluble with religious sanction…

 

You may go thru;

Central Government Act

THE DIVORCE ACT, 1869

 

40 Inquiry into existence of ante-nuptial or post-nuptial settlements. — 38 [The District Court may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire into] the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit: Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children.

 

And some judicial pronouncements e.g;

Calcutta High Court

Tekait Mon Mohini Jemadai vs Basanta Kumar Singh on 20 March, 1901

Equivalent citations: (1901) ILR 28 Cal 751

Author: Ghose

Bench: Ghose, Stevens

49. As. the parties before us are Hindus, this case has to be dealt whit on the principles of Hindu Law; but, it if be conceded as the learned Counsel for the defandant-appellant contended, that the right of the husband to the choice of domicile is common to that and to other systems of low, it must stil be said that no cases have been shown us, nor have I been able to find any, under any system of low, which recognise the validity of a ore-nuptial contract giving up the right in question. 

 

50. There thus appears to be really no authority in support of the contention which has been raised for the defandent appellant, in favour of the validity of the pre-nuptial contract set up by her, and I agree with my learned brother that the appeal must be dismissed whith costs.

 

 

 

Madras High Court

Krishna Aiyar vs Balammal on 6 May, 1910

Equivalent citations: (1911) ILR 34 Mad 398

Author: K Ayyar

Bench: S Nair, K Ayyar

 

Mr. Venkatrama Sastri relied are not cases of agreement for a future separation like the present case. The English cases are fully discussed by Mr. Justice Batchelor in the Bombay case we have already referred to. It is unnecessary to add anything further. Even if we applied the English rule we should be quite prepared to hold that the agreement in this case being one for future separation would be invalid and constitute no answer to a suit for restitution of conjugal rights, We reverse the decree of the District Judge and restore that of the Munsif with costs in this and in the lower Appellate Court.

 

 

Calcutta High Court

Sm. Sandhya Chatterjee vs Salil Chandra Chatterjee on 15 April, 1980

Equivalent citations: AIR 1980 Cal 244

Author: M K Mukherjee

Bench: M K Mukherjee

11….. quoted in extenso from the decision in Tekait Mon Mohini Jemadai (supra) and observed that the statement of law made therein did not make a distinction between a prenuptial and post-nuptial agreement or between an agreement for the present separation and the one for future separation.

 

 

In the High Court of Bombay at Goa

 

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NOS. 934/2015, 935/2015 and 32/2016 WRIT PETITION NO. 934 OF 2015 1. Mrs. Sunita Devendra Deshprabhu, major, landlady, resident of Viscount Palace House, Nanerwada, Pernem-Goa. 2. Mrs. Rupa Jitendra Deshprabhu, major, landlady, resident of Viscount Palace House, Nanerwada, Pernem-Goa. …. Petitioners Versus 1. Mrs. Sitadevi Deshprabhu also known as Jaia Valaucar Raghunathrau Vassudev Prabhu Dessai Deshprabhu Rau Raje   

Decided On, 04 October 2016

 

7. The defendant Nos.2 and 4 have filed written statement contending that the plaintiffs have suppressed several material facts including the prenuptial agreement dated 07.05.1951, a will dated 28.05.1975 left by late Raghunathrao Deshprabhu and a deed of succession cum deed of renunciation dated 08.04.1993. It is the specific defence that there never existed any legally constituted Hindu Undivided Family (HUF) or Joint Family. It is contended that the consent decree dated 26.02.1976 is a nullity and was never acted upon by any of the parties. It is contended that the consent decree having not been registered under the Indian

 

33…….It is then contended that there were no pre-existing rights in the plaintiff no. 1 i.e. Sitadevi Deshprabhu (now deceased), in view of the pre-nuptial agreement dated 07.05.1951, which came to be suppressed from the Court and as such, the consent decree cannot create any right, interest or title in the property vested therein. It can thus be seen that the petitioners have claimed that the consent decree is a nullity for the reasons as mentioned in the written statement. A decree may be nullity for variety of reasons such as absence of jurisdiction or competency of the Court.

 

Delhi High Court

K G vs State Of Delhi & Anr. on 16 November, 2017

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

 

                                  Judgment reserved on:        18.04.2017

%                                 Judgment delivered on:       16.11.2017

 

+      W.P.(CRL) 374/2017 and Crl. M.A. No.2007/2017

 

4. After obtaining the Fiancée Visa on 03.03.2011, the respondent no. 2 travelled to the USA and got married with the petitioner again on 19.03.2011 at Cook County Court in Chicago, Illinois. A reception was also thrown for the couple in Ohio, USA by the family of the petitioner. Before the marriage, the parties entered into a Prenuptial Agreement dated 20.10.2010, enforceable in accordance with the laws of the State of Illinois, USA.

Madras High Court

Cma.No.1999 Of 2 vs P.M.Murali

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

Judgment Reserved on : 04.01.2017

 

Judgment Pronounced on :  15.09.2017

 

CORAM:

                                                                               

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH

and

THE HONOURABLE Mr.JUSTICE N.SESHASAYEE

 

C.M.A.No.1999 of 2010

and M.P.No.1 of 2009 &

Cros.Obj.No.53 of 2012

 

CMA.No.1999 of 2010 :

 

 

8. The learned counsel for the appellant argued that there was a prenuptial agreement between the parties on where they should live post their marriage, but the respondent/husband walked on that promise and opted to stay with his parents at Virukambakkam. The husband denies it. According to him, he has his aged parents to care. The appellant would argue that the respondent was working in shift system and that she was treated badly by her parents-in-law and her husband's siblings. The respondent would retort that the appellant had hardly stayed with him, and would often stay with her mother in Thousandlights without intimation, from where she would insist that he joined her, and also held out threats of foisting false criminal cases against him and his family members, forcing him to prefer complaints to the police.

 

 

Newspaper Publication;

Too early to give prenuptial agreement legal backing: Govt

The government’s position emerged from a stakeholders’ meeting on Monday called by the Union women and child development ministry to deliberate on whether such agreement should have a legal standing

INDIA Updated: Mar 26, 2018

“It is too early to reach a conclusion on this matter. One of the suggestions given was to amend the Special Marriage Act to allow prenuptial agreements to be registered if a couple wants their rights to be pre-determined before marriage. We will have to assess its feasibility,” said WCD secretary Rakesh Srivastava

Indian Contract Act is general Act and may not prevail upon Special Laws.

 

You may try to find if the Authority under Special Marriage Act shall accept the said Prenupital Agreement.

Such agreement may at the best indicate (minimally) intention of the aprties to agreement (spouses).

The agreement should be fair and may be registered.

 

Note that;

Hindu husband is under obligation to maintain wife.

Wife has right to reside in matrimonial home.

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

In case of Hindu’s:

Hindu Father is under obligation to maintain sons, daughters till they attain adulthood.

Hindu Father is under obligation to marry daughters per his resources.

Sons, daughters have NO forced share in self earned/acquired estate of father.

Wife has NO forced share in self earned/acquired estate of husband.

In case Hindu husband/father dies intestate then as already explained ClassI legal heirs have equal share.

Wife is not a co-parcener in ancestral property of husband.

The children born from womb of their biological mother have preferential right upon estate/property of their mother.

In case of divorce court decide maintenance, alimony based on various factors, facts, evidences..

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest discuss with your own very able LOCAL counsel.

If your father wishes he can write a valid WILL and preferably register IT. A WILL can be changed by testator any time during his lifertime.

Or conditional Gift deed…

Since he want to marry let him be reasonable to his spouse and offsprings.

There are many queries from various prespecyives at LCI that you can search using SEARCH option in threads, articles, Files….and you can pick up relevant points and prepare to defend e.g;

Article under my profile;

“
Spouse of employee in marital dispute can get copy of 'Dowry Declaration signed by employee'

“

she i.e. your step mother should acquire full right of a wife and shall be entitled to equal share along with you and other legal heir in the property. since the property is self a quired hence you father may bequeathed the same to her also as your father has absolute power in this regard. Any prenuptial agreement would not have any affect.

My father and his prospective spouse are christians.