Position of second wife if divorce not obtaind from 1st wife

Your uncles second alleged marriage is void,while the first legal marriage was subsisting. So,the children will be deemed illegitimate.but,they are entitled for maintainance under se.25 of theHindu MarriageAct.In view of the recent supreme court ruling,they can claim share in the fathers Properties. The alleged second wife cannot have any claim either of maintenance or share. The nomination in Govt.records or insurance if any, is not a problem, since the first wife being a nominee, is acting only as a trustee for all the Legal heirs of the deceased. She,her child and the two children of the second wife will get equal shares; in all the assets and liabilities of the deceased. The daughters will be eligible for marriage expenses too, from Out of the assets.Make their claim, before the Govt.disburses amount. V.R.Natarajan

During the life time of thge first wife, second marriage is void.  SEcond iwfe is only entittle for the maintainance but her children are equal rights over the self acquired property of the deceased along with children of Ist wife.  

Thank you friends for  your  valuable opinion, but now my question is-- are they required to appeal for succession? (as Senior Manager of my uncle's office advised them) if yes, then how much they have to bear for it? and if no then what is the way should they follow? please inform me another thing that how can I stop his (uncle) office to make payment to his first wife?

I also want to inform you that daughter of my first aunt also got married at 2009, so will she get any share from the property?

I also have one confussion that will his second wife and her child be entitled to get family pension along with my first aunt? or they (i.e second wife and her childs) will get share form Provident fund and Gratuity only?

please advise me that will I opt for court case or go for settlement  as they have not in a position to bear a hudge litigation expenses ( plz inform me about the approx expenses) and that will be a lengthy procedure also, so if they opt for settlement then what is way to bound both side with their commitment.   

Thank  you again for cooperate with me.

Your parties have to apply for a succession certificate,against the first wifeher daughter,the office and the state govt. as respondents.before that,you Must issue a notice of claim to the office,preferably enclosing a copy of the succession certificate application, requesting not to make any payment on the basis of Nominee.Normally the office will stop payment. In the petition you have to implead all the parties like bank,insurance company or any other source of money your late uncle might be entitled.Since you do not know the actual amount you might be entitled,you may pay court fee on notional value,undertaking to pay the balance after ascertainment. If your party cannot afford court and lawyer expenses, approach the free Legal aid board in your area court premises.please go that office and make necessary enquiries and they will give you not only legal advise but take care of the lawyers also.take your party tomorrow itself.I cannot advise you the expenses involved,because it varies from court to court and lawyers. The first wife and her daughter are the main legal heirs, and even if she was married,she is entitled to the benefits in full. At the present day status of affairs in court litigations, it is never ending and very expensive.Your uncle does not seem to own any other immovable Properties. If the first wife and her daughter are willing for a settlement out of court,I would rather suggest,you agree for such a compromise. But enter into a valid registered agreement stating all the terms of compromise. And submit the copy of agreement in the office.If the other party is willing to make a lumpsum settlement,it makes things easy.You may collect the money and issue receipt.But if the payments are to be received from govt.monthly, then a private agreement will not bind the govt. In that case,file a succession O.P, then file the compromise memo,both parties requesting to issue a succession certificate in terms of compromise. So,decide upon the course of action, approach the free legal aid board or a local civil lawyer immedietely, even if you compromise with other party. V.R.Natarajan,Advocate

Dear Mr. Ghosh

I am agree with Mr. Natarajan

dear expart,

a criminal case has been registered u/s.420/406/120B IPC against some peresons, police seized passports from a person (not named in F.I.R) , Investigation is pending since march 2009.

in this situation CAN MAGISTRATE HOLD PASSPORT OF ACCUSEDS PERSON ON the ground that condition of bail was " ........ without court order accused shall not leave jurisdiction" .......pl reply urgently.

regards

sibasish pattanayak   ,  advocate.

mr.sibasish, as long as your client is an accused in a criminal case, the magistrate is entitled to hold the passport, it is his discretionary power. i wonder how he came to court, when he was not named in FIR and unless police showed some connection between your client and the crime, his passport would not have been impounded. if you feel your client was in no way connected with the caseand that police was holding the passport without any reason, you may file a petition before chief judicial magistrate or high court, to direct police to handover passport. V.R.Natarajan, Advocate

If the Government had come to know about the second marriage of your uncle while he was alive, he would have been dismissed from service under the Government Servant's conduct rules. It would have affected his entitlements also.

In any case give notice to the Goverment about the claims of his second wife and children. As otherwise it would be a cake walk for his first wife and daughter they will come for settlement only if you stall the proceedings. Make discreet enquiries to find out what Government would do for violation of the conduct rules,

Dr. Ramani, why shd he open a hornest nest, when things were over long time ago. why shd they inform or enquire with govt.Now that the man is dead,the only question open is whether they are entitled for a succession certificate. Without a certificate, no govt. office will accept any claim by third parties, except the nominees. All questions have to be thrashed out between the nominees and the illegitimate relations. anyway, your suggestion was a good thinking.Thank you. V.R.Natarajan, advocate