LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajkumar   28 February 2018

Remarriage property problem case

I married ram in 1995 ,he had 10 acres of land (jointly holded by ram and his elder brother,given by my father in law before my marriage) and also father in law kept 5 acres for himself and his wife on his own name,my father in law died intestate in 2007 but as orally declared by father in law my mother in law kept his 5 acres by applying for mutation in her name and no objection was raised by other legal heirs of father in law and she got the land in her name MY and ram relation was not good and in 2010 ram got married again without divorcing me and with my consent in oral and we three lived in the same house and after some time she (2nd wife )left without divorce in same year .and ram died intestate in 2011 and even I secretly married a person who is already married(wife is not divorced) so my questions are: 1}can I claim a share in my ex husband ram property(even land now in the name of ram and his. Brother) currently ram share in my possession 2}also can I claim a share in my father in law property which is now mutated in my mother in law name 3} Am I eligible for any punishment since I gave my consent to ram to remarry (considering he is dead) 4}am I eligible for any punishment since I married another married man without knowledge of his wife


Learning

 8 Replies

Kumar Doab (FIN)     28 February 2018

 

Which personal law applies in this case; Hindu Or are you all Hindu?

Confirm!

Kumar Doab (FIN)     28 February 2018

Did all ClassI legal heirs of your deceased Father in Law i.e. Mother (if alive as on date of death), Wife (if alive as on date of death),sons, daughters ..signed any NOC/release/relinquishment deed etc in favor of your mother in law…?

If yes, she is title holder and NO one else has any forced share in her estate/property that devolved upon her from her husband with due consent of other legal heirs.

 

Classl legal heirs of Hindu male (your husband assuming that you are all Hindu) are;  Mother (alive as per your post), Wife (you), your sons, daughters(if any) ….and they shall share estate/property of your deceased husband… Whole share is not yours.

Kumar Doab (FIN)     28 February 2018

During the life time of 1st surviving wife 2nd marriage should be void/voidable/illegal….and 2nd lady may not get any share from your deceased husband’s estate/property….

If NO marriage ceremony was performed and the arrangement with 2nd lady was not marriage then children born from arrangement other than marriage should have NO share from your deceased husband’s estate/property….

If you have no sons, daughters your share is 50% and 50% goes to your mother in law. She can claim or release/relinquish/gift/transfer by registered deed in your favor by her sweet will…

If you all are not Hindu and are Muslim then marriage of your husband with your consent with with 2nd  lady should be valid and she may also have share in her husband’s estate/property like you…per provisions of sect/sub-sect to which your deceased husband belong ed…………

 

In case you are all Hindu then your marriage after death of your husband with 2nd man may be void/voidable…a explained above…

If you all are not Hindu and are Muslim then your marriage with your 2nd husband (after death of your 1st husband) with consent of his 1st wife  may be valid…..

What is profession of  your 2nd husband?  Is he a govt servant?

Rajkumar   28 February 2018

Yes we are hindu

Rajkumar   28 February 2018

Yes notice were served by the tehsildar 2 times inviting any answers/objection and we received it by signing in that but didn't say yes or no to procedure

Rajkumar   28 February 2018

In above situation of notice what is the status of my claim

Rajkumar   28 February 2018

Since we didn't objected nor accepted by going to tehsildar

Mohana Varma (FAMILY COUNSELOR WOMEN EMPOWERMENT TRAINING TECHNICAL CONSULTANT)     01 March 2018

* am not a legal person but a family counsellor...

 

1}can I claim a share in my ex husband ram property(even land now in the name of ram and his. Brother) currently ram share in my possession

You have not mentioned details about your children.

and if there are any kid to the lady who share your husband with your consent but not legally valid. If she has kids out of your husband, those kids can claim a share in teh property but not the lady.

You shall have to share property with your mother in law.

 

2}also can I claim a share in my father in law property which is now mutated in my mother in law name

if you have kids from your husband ram; than they have more powers than you have to demand share.

 

3} Am I eligible for any punishment since I gave my consent to ram to remarry (considering he is dead)

thou you are eligible for a marriage, the one whom you say you married isnt eligible for a re-marriage.

Yes, you can be punished if the wife of the one who you say you married shall complain. You can nowhere claim that you are a wife of that person.  

ALWAYS STAY AWAY FROM SUCH INFATUATIONS. 

 

4}am I eligible for any punishment since I married another married man without knowledge of his wife.

BY ALL MEANS IF SHE COMPLAINS. 

 

* MEN TRY TO TAKE ADVANTAGE OF WOMEN AND GIRLS.

STAY OUT OF ANY SUCH RELATIONSHIPS THAT WOULD KEEP YOUR LIFE TROUBLED.

MARRY A PERSON WHO IS ELIGIBLE FOR A MARRIAGE BY ANY LAW.

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=160565&utm_source=newsletter&utm_content=forum&utm_medium=email&utm_campaign=nl_February


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register