Prohibited marrage
Kobaka
(Querist) 06 June 2016
This query is : Resolved
Hello sir,
my family is undivided Hindu family(me, my mother and brother) till date.
my brother had prohibited marriage(saphinda relation ship) 2 years back and went to america, still my brother is staying in america,but his wife is came back to India and given birth to a baby girl,now my brother's wife trying to enter into my joint family house and she is saying that she is also having rights on my joint family house as she is my brother's wife, as per the prohibited marriage under Hindu marriage act, can my mother(father expired) stop my brother wife's entry into my joint family house?
my brother's wife also having rights on all my joint property like land and house? or not?if no can we stop her entry to my land and house?
please help me on this
Kumar Doab
(Expert) 06 June 2016
>>> You have posted so many queries at LCI:
http://www.lawyersclubindia.com/experts/can-a-power-of-attorney-enter-into-joint-property-601421.asp
http://www.lawyersclubindia.com/experts/what-is-the-widow-Mother-s-share-in-ancestral-property--598416.asp
http://www.lawyersclubindia.com/experts/Process-to-get-maintenance-for-my-mother-598466.asp
http://www.lawyersclubindia.com/experts/Can-i-set-up-some-body-to-attend-to-civil-case-in-India-with-GPA-600431.asp
http://www.lawyersclubindia.com/experts/Want-to-marry-my-grandfather-brother-s-daughter-600666.asp
( Self want to marry in spinda relationship)
http://www.lawyersclubindia.com/experts/Prohibited-Marrage-602236.asp
(Brother married in spinda relationship)
>>> There are many threads’ on similar query at LCI :
http://www.lawyersclubindia.com/search_results_custom.asp?dir=experts&q=prohibited+relation+for+marriage&B1=GO
e.g;
http://www.lawyersclubindia.com/experts/Married-to-maternal-cousin-s-daughter-557091.asp
You may go thru these and ascertain yourself.
>>> In current thread you have posted that:
http://www.lawyersclubindia.com/experts/Prohibited-Marrage-602236.asp
Your brother has married in spinda relationship.
In other thread you have posted that:
Now You want to marry in spinda relationship.
>>> You seem to have so many issues and it seems you have not consulted an able counsel.
Your need is that you should engage and retain a very able counsel specializing in local customs/family/revenue/property/civil matters, for your problems and preferably proceed under expert advise of your able counsel.
>>> First of all with the help of your counsel ascertain that the properties are ancestral or not.
If the marriage of your brother ( and even yours ) is void the woman that your brother ( and you) married is not legally recognized wife.
If that be the case the woman has no right in property.
However the children that are born thru the womb of such woman,even if illegitimate, shall have a right in the property.
Supreme Court of India
Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011
https://indiankanoon.org/doc/138849/
It is reiterated that you should engage a very able counsel and let your problems not get compounded and complicated.
Kobaka
(Querist) 07 June 2016
sure sir thanks a lot
Kumar Doab
(Expert) 07 June 2016
You are welcome.
Wish you the best.
Kobaka
(Querist) 29 June 2016
Helo Kumar Doab Sir,
thanks for you reply.
below are the few lines from your reply:
If the marriage of your brother ( and even yours ) is void the woman that your brother ( and you) married is not legally recognized wife.
If that be the case the woman has no right in property.
-----------------------------------------
as per the above rely, my brother's wife do not have any right on my joint property,so can i stop my brother's wife entry into my house with help of court?
Kumar Doab
(Expert) 29 June 2016
I have already replied.
You have picked up only few lines from my reply.
I have also posted that:
"it seems you have not consulted an able counsel.
Your need is that you should engage and retain a very able counsel specializing in local customs/family/revenue/property/civil matters, for your problems and preferably proceed under expert advise of your able counsel."
Have you contacted a very able counsel?
What is the opinion of your own counsel?
We have generously posted in all and so many threads initiated by you.
Beyond this you need to engage a very able counsel for all issues that you face, and to defend your interest.
