karthi (wdwd) 17 August 2011

2nd marriage confusion

My friend is 50 years old. his wife died committing suicide 8 years back.. he is having 2 daughters (twins) aged 21years. one girl got married & other one unmarried. Now my friend planned to marry a women(age 44) for supporting his remaining life.that women already married 2 men in her life. she got divorce from 1st husband and live with 2nd husband for 7years. For that 2nd husband, this women is 2nd wife. Now my friend is in confusion that, if he married her, then this marriage would be legal and if married, his property(both hereditary property and earn by own property) goes to whom after his death.? that women or married daughter or unmarried daughter.? is there any right of property for that women from my friend..? what the indian property act solution for this question.?

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4 Replies

Gundlapallis (Advocate) 18 August 2011

Your friend can marry that woman provided she obtains divorce from her second husband (if that marriage is legal). She will not have any right in the ancestral property of your friend. Only his two daughters, irrespective of their marital status would acquire rights over that. As far as his self acquired properties he can execute a will as per his pleasure.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 August 2011

Your friend can execute a will for complete properties, whether anscestral or self-acquired.

adv. rajeev ( rajoo ) (practicing advocate) 18 August 2011

If she is married then divorce is necessary to get marry your friend. For your self acquired properties you can follow the advise of Shonee. But in the ancestral property your legal heirs will be entittled to claim their share.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 August 2011

Dear Sir,

I would have reckoned if the ancestral properties were not in the hands of the person making will. If it is so, he can dispose off properties in any manner. By way of will even.

Regards,

Shonee Kapoor