Family
arvind
(Querist) 08 June 2012
This query is : Resolved
My client is a foreigner got a visa card and then after made a marriage, under special marriage act, with an Indian who is already married which first wife is alive with her four male issues and also given her written consent on stamp paper for second marriage then after my foreigner client got a P I O card and also purchase a immovable property in the name of her husband and after that the husband of my foreigner client dies. whether the immovable property upon whom devolves?
J K Agrawal
(Expert) 09 June 2012
Dear mr arvind
where every thing is going on consent where the law comes in way?.
If one can marry with consent of other wife, she can take her share from her again with consent.
The problem is that there was no marriage at all. It was merely an agreement between H W1 and W2 so that W2 can purchase property in India. Every other thing was on papers only.
When all the deeds and documents are invalid ab initio it would be better to forget the property by your client.
As the property was acquired under unlawful agreements the H was not rightful owner of property nor W1 is rightful. W2 is a foreigner and not capable to acquire and own a property in India. The property will to exchequer. By threatening W1 on this line you can develop pressure upon her to make an amicable settlement.
M V Gupta
(Expert) 09 June 2012
Can u please re frame ur question clearly? Facts as narrated are confusing. At any rate the second marriage is invalid under the Hindu as well as European law (if ur client is a christian).
Shonee Kapoor
(Expert) 19 June 2012
What is the exact issue. What is the religion of the parties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
