rajat (MD) 18 July 2011

Second marriage/Affair

This case is from Andhra Pradesh

I have a distant relative who is 18 and still studying.. She has a minor brother.. During the last 4-5 months, Her father started getting into an affair with one of their neighbours and she is a divorcee with 2 minor girls.. It is apparent that the lady is trapping this guy just for money... This guy is avoiding all sorts of questions from his legally married wife and children.. All the property under him is inherited from his father(died 10 years back) only..

In this case, the wife and children are afraid that he might transfer any of the properties or jewellery to her(illegal affair)

Is it legal for him to transfer property as such without the consent of his wife and children?

Is this lady entitled to any property which he had acquired from his father?

What about the movable properties like gold/jewellery etc?

And if at all he gets into a marriage with her, when the first wife is alive, what are the consequences for her and her children(from her 1st marriage)?

Are her children from first marriage entitled to any rights in the property this guy had inherited from his father?

Please reply at the earliest

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7 Replies

THANKACHAN V P (Advocate & Notary) 18 July 2011

1..A person can transfer his properties to anybody during his life time whether it is inherited or self aquired. Nobody can question it including his wife and children.

2. He cannot legally marry that lady unless and until he obtain divorce from the first wife.And if he does so the first wife can file complaint before the Magistarte court for Bigamy.and it is punishable upto 7 years u/s 494 IPC.

3 . It is better to file a petition before Magistrate court under section 12 of Domestic Violence .Act and one of the prayers can be for the maintainace to wife and minor child so that she can obtain stay from transfering the properties to third parties.

4. Kindly get assistance of a lawyer from your area at the earliest.

Ms Liberal (others) 18 July 2011

It very wrong act if committed from any side

The husband can transfer the property to anone without the consent of his wife if its self acquired and with condition that it has not been attached by wife. Its better for wife to attach the property for mainatance

Without divorcing first wife he cannot marry other woman as per HMA

If he maary though second marraiage is void but children derive inhertical rights

However the husand cannot transfer the inhertical property of his father as the his children too are the legal heirs of the property but not his wife

Why the husband is doing this? I think its better to go for NGO / Mediation center for counselling before taking any punitive steps as one can understand the intention of lady who may be doing it for the betterment of future and the sake of her children

priya (student) 18 July 2011

see my profyl ,the post wch i hv put is same as urs. U can get many helpful aspects frm tht post.

THANKACHAN V P (Advocate & Notary) 18 July 2011

"However the husand cannot transfer the inhertical property of his father as the his children too are the legal heirs of the property but not his wife"Ms Liberal I am grateful if you show me the relevent provision which disentitle the husband to tranfer the property inherited from the father.

Ms Liberal (others) 18 July 2011

Advocate sir,

I am saying that inheritical propety which derives from father. He is nothe sole owner for the property derived from his anceatral father if other survivors are there

Let me explain if A dies without will survived by B(son) and C & D (Grand sons). Their grandchildren have also the equal share in the property along with B. C & D if major can demand share from his grandfather property if there is no will or C & d REFUSED TO GIVE NOC