Adoption or marriage which is better as nominee
JASWANT VIJAY AGNIHOTRI
(Querist) 18 June 2013
This query is : Resolved
An old man of age 55 years want to marry a widow and mother of 2 children. His wife was beaten by his 2 real sons (sons beaten their mother with their wives) she got paralised and can't stand-up even work properly since last 3 years. That man works as shopkeeper and all household and everything. he got tired of doing all this and want to marry the said lady (her child also) but he cant leave his wife. he also agreed to give all his assests to that widow after both die.
His both sons with their wives resides separately and didn't visited in 3 years and that old man has given in written on a simple paper all wishes and things for widow lady and also written that his sons are separate and have no right (it is not legally separate)
what is better option adoption or marriage and how can she live with him, how to protect that house or his property from his sons. His wife is also agreed for this. They only needs care in their old age.
what is the process of adoption and can he make her nominee on simple stamp paper or what to do please...advice.
Dr. Jyothi Vishwanath
(Expert) 18 June 2013
WHom the man wants to adopt. He cannot adopt the widow as hindu law provides the one adopted must be below 15 years of age unless custom to the contrary prevails in the concerned family.
He can only marry her and make a will in her favour.
Raj Kumar Makkad
(Expert) 18 June 2013
The re-marriage during the subsistence of first marriage is void as per Hindu Marriage Act but live in relationship can be made.
All self acquired properties of that man can definitely be gifted or can be made a registered will in favour of subsequent partner and her daughters.
Raj Kumar Makkad
(Expert) 18 June 2013
Instead of nomination, gift is the better bet.
Rajendra K Goyal
(Expert) 18 June 2013
Fully agree with the views of Expert Sh. Raj Kumar makkad ji. however, I would suggest for will. In case the new relation after gift turns to be unbearable / non co-operative the old couple will have no place to live in case of gift.
JASWANT VIJAY AGNIHOTRI
(Querist) 22 June 2013
with the best blessing, i thank by heart to RK Makkad sir and all who suggested.
