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Raghavendrahari.N (Self Business)     21 November 2015

Hindu family law

Hi honorable Law Experts,

Please provide your valuable inputs to the following situataion.

I purchased a Agrl land from Person A ( seller and buyer are hindus) in the year 2012 after due diligent verification from lawyers.

In the year 2013 A christian lady (55 old ) from different district put civil suit in District court claiming she is first wife of Person A 's father.Court doesn't give any stay orders or injection orders favoring her.Still it is going on in civil court.

Please guide and help us with valid points to face this suit.

Regards

Raghavendra Hari N

09880099391

 

 

 



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 5 Replies

Kumar Doab (FIN)     21 November 2015

How did the property devolve upon A?

Is it self earned/self acquired by A?

Was A alive at the time of sale?

 

Raghavendrahari.N (Self Business)     21 November 2015

Hi,

 

Please be remember that Person A got property from his Father ( inherited the Proeprty) in 2007 after his father expired in 2006.Person A 's mother also expired in 2000. It is Not earned Property.Perosn A is alive and his father and Mother are not alive. Now Christian Lady is claiming is claiming that she is first wife of Person A's father is who is expired long ago. Hope this is clear

Kumar Doab (FIN)     21 November 2015

If the lady in question is legally wife of father of seller A, then she has equal share in property left by father of seller A. This lady shall have to mproduce the evidence supporting her contentions.

A would have obtained the legal heir certificate/relevant papers for amending the mutation records for inheritance.

Obtain certified copies from revenue office/official and show all dcos on record to an able counsel specializing in family/property/revenue/civil matters.

Raghavendrahari.N (Self Business)     21 November 2015

Hi,

bigamy is illeagal and void.If somebody claims that the "She' is first wife while his husband is alive with all proofs then it will take lot of time to proove it. In my case she didn' have any proofs and simply she filed the case saying firtst wife.

Honorable law experts 

Could you answe if some lady aged 80 years comes and files a suite in MUMBAI saying I am the first wife without any proofs will it be valid.In this case her appeal will be dismissed.

There must be some limitations to claim the husband first wife or second wife.

One can't claim the the property of any individiual after his death posing as Wife or Husband as per the inidal Law.

 

 

Nitish Banka (lawyer)     22 November 2015

The burden of proof is on first wife to show she is legally weded wife.

Warm Regards

Nitish Banka

9891549997


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