Property dispute
rahul s
(Querist) 05 April 2013
This query is : Resolved
sir my grandfather(died in 2005) had two wives named Sita and Guita. Sita is sterile where guita has two sons MOHAN and SHYAM and four daughters(already married) also.Mohan has only one wife but Shyam has two wives Puja And Rashmi. Now,matter is that Mohan wants division of property as his all children are settled but on another front Shyam has small children who has hand to mouth problem and everyone refuses to help Rashmi(younger wife of MOhan).What can she do against these people? or is there any suit so she can file against these people...
Raj Kumar Makkad
(Expert) 05 April 2013
What is the relationship of the refusal of help with the distribution of the property?
Raj Kumar Makkad
(Expert) 05 April 2013
Even second wife has no legal right in the distribution of the property as such marriage during the life time of first wife is void ab initio as per HM Act.
Adv. Chandrasekhar
(Expert) 05 April 2013
If Rashmi's marriage was held with Mohan after 1955, she does not have property rights, as the marriage is void ab initio. But she can claim maintenance from Mohan. If the grandfather's marriage was held with his second wife Guita after 1955, the problem has to be studied in different light, as this marriage also will become void ab-initio.
Adv k . mahesh
(Expert) 05 April 2013
as second marriage is illegal and she has no right to ask and how come she file a suit
rahul s
(Querist) 05 April 2013
thanks Chandu and Raj Sir For ur feedback.
Guita married before 1955 with my grandfather.
But sir, if marriage of Rashmi is not valid with Mohan then can Rashmi file a suit against Shyam or Mohan and family members as they were aware of Mohan's second marriage which is not valid in the eye of law.If she can't file a suit then what will she do.....either leave the matter or leave the house......or Is there is any condition trough which she can make her stand according to law....
Adv. Chandrasekhar
(Expert) 05 April 2013
Despite Rashmi's marriage is not valid, she can file appropriate legal proceedings against her husband for maintenance as her sustenance is his responsibility. In the event, he will not pay, that can be realized from his estate. As far as living in the house, she has got residential rights to live in this matrimonial house under domestic violence Act, as the Act does not insist that the aggrieved person shall be married with the respondent and live-in relationship is enough to get that right. In this domestic violence case, for getting residential rights, she has to make all her relatives under that roof shall be made parties.
rahul s
(Querist) 06 April 2013
Sir Can U clear the meaning of last line... there is property dispute already between Shyam and Mohan & Mohan hasn't any job...Sir Is there is any provision with which Rashmi bring Shyam in the Court
Also, second marriage is illegal and being a part of illegal thing is also illegal or not...Shyam was the part of it...My grandfather had promised Rashmi to fulfill her resposbility as rashmi has 3 sons & 1 daughter.Now Rashmi is facing Problem in educating her children and family members are refusing to do any help in marriage of her daughter...
Adv k . mahesh
(Expert) 06 April 2013
settle the matter by discussion as she also has kids
