Chandra Shekhar (Sdc) 28 April 2021

Will execution in favour of my second wife elder son aged 6.

Dear All,

Background

I am Hindu aged 44 years male working in Private Limited company since 12 years in Hyderabad. I was married in 2005 and she is a B.com Graduate and this was arranged marriage. After marriage passing of two months differences arised between us and she left my home. We had a son from our marriage and he is now 15 years old. I requested her countless times individually and through elders but she was adamant and was fully under control of my mother in law (MIL ,she is the devil who ruined our lives). She was doing job without my knowledge while staying in her maternal home. She tried to book my family under 498A and under domestic voilence case twice. My self and my old parents were dragged to police station (Jurisdiction Hyderabad). But police counseled us and finally she said she will stay in a separate house leaving my parents behind. I tooked several houses but never she stayed and within few days on some pretext she used to go to parents home. I even took rented house near to her parents house there also she used to fight with me and used to leave me. Finally i was thrown out of my rented accommodation by my wife and inlaws in the year 2010. Gist is she was not ready to live with me at any cost and i received death threats if i stay in and around their place and not to contact anymore. I have put all my best efforts and 8 years were past. She was not ready to give divorce also. I have sent Legal Notice to return to my home but all in vain. I was vexed and decided to re-correct my life on my own which is narrated below.

I know very well that without divorcing second marriage is illegal and can be jailed for 7 years. I was ready to go to Jail as well because i have done nothing wrong on my part and my life has become very big tragedy and misery for me. There is no communication from my wife from 2010 to till date 28.04.2021 (physical or telephonic).

I have done second marriage in the year 2014 without divorcing silently and was staying away from my parents. By God's grace now we are living peacefully i we blessed with two male kids aged 6 years and another 6 months.

Now, i request you all correct legal advice which is valid before Law and not mere assumptions. I wish to execute Will in favour of my second son eldest son Master Teja Sai aged 6 years. I dont have self earned movable or immovable assets.

I want to execute a Will in favour of my elder son Master Teja Sai as my nominee and my second wife as guardian/custodian pertaining to my company provided benefits (PF, Gratiuity, Group Insurance and my personal LIC insurance policy etc) in case if am no more in the near future.

Clarifications/advice required.

1. Do i have right to execute Will to any living being other than wife or family members?

2. If i execute Will as mentioned above will it be valid before the Law.

3. If it is valid before Law, as an individual if i execute a Will in favour of my Second wife Elder son Master Teja Sai assuming in case of my death can my minor son can get my company provided benefits through executed Will and my second wife as guardian/custodian to him?

4. Mere by showing executed Will my company will give my financial benefits to Master Teja Sai directly or company will insist Court Order to do so because as per office records my first wife is the nominee.

I need advice which is legally valid and not mere assumption/s. Your advice's will help me a lot.

Thank you all,

Regards,

XXX

Reply Follow

11 Replies

Sankaranarayanan (Advocate) 28 April 2021

You can execute WILL to any one even to third party too. But it can be challenged by your son and 1st wife . Merely the dispute between you and your wife, what wrong committed by your son ( first wife son) he is innocent so think and act

Chandra Shekhar (Sdc) 28 April 2021

Thank you sir.

Advocate Bhartesh goyal (advocate) 28 April 2021

( 1 ) yes, you can execute will in favour of as you wish.

(2 ) yes, itt will be perfectly valid.

( 3 ) yes your second wife's son Teja will entitled to get all benefits ( movables ) mentioned in will.

( 4 ) your company may ask court order in this regard.

Chandra Shekhar (Sdc) 28 April 2021

Sir,

Thank you for your advice.

Saroj Dwibedy 28 April 2021

Legally after ur death first wife son will inherit ur property left behind but if a valid will like regd. will be executed infavour of any body which shall be probated in proper court of law than it will help the person concerned.

M. Anupama legal Anu 28 April 2021

partitioned property between brothers becomes self acquired properties of each person.

Pradipta Nath (Advocate) 28 April 2021

Do you understand the meaning of nominee? As you held you want to nominate your child! What is your motive behind will? Apart:-

1. You can will to anyone, even he be a man of straw!

2. It will be valid, provided the will bears your and two witnesses signature with other requisites. Better to register it as well!

3. Yes he will get. But better to file necessary forms like Form F for gratuity, Form 2 for pf nomination, etc at par with your will. Also remember you need a reasonable reason to exclude your first child too, else chances are there that he may challenge the validity of this will afterwards.

4. Better to file the necessary forms at par with your will.

1 Like

Anish K Ealias 28 April 2021

PQ area d DC see

Tousif Shaikh 28 April 2021

Brother as per Hindu Marriage Act, an individual cannot have more than one wife, if person marries second time then his newly married wife (2nd wife) will be treated as "keep" and will have no legal status of wife.
But there is a twist in Law as there is a judgement of Supreme Court on children born to you with your 2nd wife can enjoy legal status as your child from 1st wife can.
On the whole I can say that you cannot will you entire property to your children born to you by your 2nd wife, but as law says you can divide your property into 3 parts for all of your 3 children or into 5 parts ( Each wife can get 1 share and rest 3 shares will be equally divided between your childrens.

Of course you should take legal opinion of a senior Advocate before following any legal options

(Guest)

Hey,

You can will your property to anyone irrespective of the relationship. Even to third parties you can.

Since your son is minor, it is advisable that until they gain majority you write in the will that the guardianship will be handled by your second wife until they attain majority and that the benefits that come out of them until then, will be used for the benefit of them as well.

For further queries or drafting of will, you can contact me on advsanjaynarayandas@gmail.com

I am an advocate based out of Hyderabad, Telangana.