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g.bharath (retired)     10 March 2016

Pre nupital agreement

SIR I AM A SENIOR CITIZEN WIDOWER PLANNING TO REMARRY A WIDOW WITH NIL PROPERTY AND LOW BANK ASSETS WITH ONE GIRL CHILD ELEVEN YEAR OLD.\

 I HAVE BOTH IMMOVABLE  ASSETS AFTER WIFE,S DEATH DUE TO LEGAL HEIR SYTEM

AND IS JOINT OWNERSHIP  BETWEEN ME AND MY ONLY MARRIED PROGENY  VIZ A SON IN ONE FLAT AND OTHER STILL WITH LATE WIFE AND MY NAME AS JOINT OWNER IN ANOTHER FLAT BOTH LOCATED IN CHENNAI. I LIVE IN THE JOIT OWNERSHIP FLAT ALL ALONE WHERE I PLAN TO LIVE WITH NEW WIFE ON REMARRIAGE.SHE HAS NO IMMOVEABLE AND FIXED ASSETS AND IS A SCHOOL TEACHER AFTER DEATH OF HER HUSBAD SINCE YEAR 2012..

MY QUERY IS IF I ENTER INTO PRE- NUPITAL AGREEMENT WITH CLEAR DEFINITION ON MY MAX LIMITS TO WHICH I CAN FUND HER CHILD,S EDUCATION  AND LATER HER MARRIAGE AS WELL AS HER CLAIMS ON MY BANK ASSETS AND THE FLAT ETC., DURING MY LIFETIME ESPECIALLY AS SHE IS EARNING  AND WOULD DO SO FOR NEXT 6 YEARS OR MORE AS TEACHER IN GOVT SCHOOL AND WOULD GET PENSION AND I BEING ONLY A PENSIONER.

 

REGARDS

 

I.

 

 



Learning

 2 Replies

KS Johal   10 March 2016

Yes you can draw out a pre nuptial agreement signed by both of you. Please get it written in black and white and via a good lawyer/advocate.

Born Fighter (xxx)     10 March 2016

Pre-nuptial agreements are not legally enforceable in India. You may go for it for a better understanding on financial aspects.

 

However alternatively you can make a will declaring the division of your property/assets, that will be more legal and valid than Prenuptial.

Your wife needs to take the prenuptial agreement sensibly or else there are chances of misunderstandings creeping before marriage !


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