Query
Kriti
(Querist) 07 April 2014
This query is : Resolved
My maternal aunt passed away few years back and due to family pressure my uncle did second marriage. He is having 2 kids from his first wife. Daughter is married and son is engaged. Aunt is having one son from her previous husband (16 years) who is not adopted. My uncle does not have any property on his name since he had some doubts on aunt initially and then the doubt turned into reality when she suddenly left home saying that I cannot be here.
(Note: My uncle’s property is not the ancestral property and he made it himself. So he did a deed transferring all his property to his son legally.)
And post that there were rumors that she is putting blame on my uncle’s son that he used to physically abuse her and her son and he has tried to molest her. There is no written complaint for the same but we have heard this from the trusted sources. Then she called and said that your son is getting married and everything is under his name. So I don’t have any security and I need 2 cr. So that’s a clear case of emotional black mailing that she wants property and that is why she is even ready to put false blames on my Cousin. And her fiancée knows about this thing and she is totally supporting him. In this case there is no case that we will call her back. So can you please clearly tell me that does she have any right on my uncle’s property after divorce as it is already being transferred?
Kriti
(Querist) 07 April 2014
it is not imaginary..
its real..please tell me as its urgent
Devajyoti Barman
(Expert) 08 April 2014
who are you and how are you related to this query?
Dr J C Vashista
(Expert) 08 April 2014
1. There are two aunts in your query/ situation, first one died leaving behind 2 children from this husband or previous, not very clear.
2. Subsequently she (which one of the two aunts, not clear) has one son from previous husband is not adopted, again confusing.
3. The uncle does not have any property on his name, you mean to say about inherited or self acquired property, is not clear.
4. As stated by you "since he had some doubts on aunt initially and then the doubt turned into reality when she suddenly left home saying that I cannot be here." which aunt you want to convey?
Undoubtedly it is all a vague query consequently the expert Sh. D. Barman is very right in his opinion that "Looks like imaginary query" I fully agree and appreciate his analysis to the query posted hereinabove.
Kriti
(Querist) 08 April 2014
There was a couple married for 19 years and then the wife died leaving behind her husband and two children(16 years and 18 years) resp. Then due to family and society pressure he got married again with a widow (SECOND MARRIAGE) after few months. His second wife came to the house along with her son (6 years) from her first husband who is not adopted by her husband. Husband and second wife are married for 9 years now.
1. Daughter from first wife is married and well settled.
2. Son from first wife is engaged.
3. No child from second marriage.
4. Husband has transferred the entire property to his son via gift deed (since it was his own property and he made it by himself i.e. he has not got it from his father or grandfather i.e. it is not the ancestral property) and he does not have any property under his name right now.
5. As his son got engaged, his second wife was behaving very weird as she was kind of insecure that if his step son will get married then she will not be able to get the security.
6. Second wife left home and then called her husband over phone that she will come back if he will transfer any of the property saying that it should be minimum of 2 crores.
7. As the society sat and tried to resolve the issues, second wife puts blame on her step son(from first wife) that he used to hit her and her son(from her previous husband) and step son is trying to molest her.
8. above complaint is not written in the police station but she said these things in the society but not in front of her husband and her step children.
9. So there is no chance that we will bring her back.
10. My query is that can she claim any of the property as it is already being transferred under son’s (from first wife) name??
V R SHROFF
(Expert) 08 April 2014
YES, SHE CAN CLAIM RESIDENCE in the said house, being shared household under DV ACT,
and can attach property for her future mtn.
Even Son is liable if he inherit/ own her husband's property.
To protect from domestic violence & modesty, she may ask son to be away, and claim entire residential rights.
When she claim 2 cr, property must be worth 5cr!!
Her motive behind marry him can be money [as no issue] and chances of killing husband at young age by ???? white murder ???? not out of q>>
knowing all that, hus trf house on son, leaving nothing for her!!!
ajay sethi
(Expert) 08 April 2014
agree with Mr shorff
T. Kalaiselvan, Advocate
(Expert) 09 April 2014
The so called second wife cannot legally claim any right in her husband's property except that she is entitled for maintenance provided she has o independent income to support her living and other basic needs.she can claim residential rights but not a share in the residential or any other property. The emotional black mail and other sentimental dramas are for extorting money, do not give in to the pressure tactics.
Rajendra K Goyal
(Expert) 12 April 2014
Legally second wife has no claim on the property of husband.
Her son can claim his right in the property of his biological father.
Agree with the Expert T. Kalaiselvan, Advocate
