Overview of the case:
A (Male) was married to B (First Wife) and gave birth to four children out of their wedlock - AB1, AB2, AB3 & AB4. A not getting legally separated or divorced got married to C (Second Wife) and gave birth to one child - AC1. Unfortunately A is now expired.
Our understanding is that, as per Section 11 r/w Sec. 5(i) of the Hindu Marriage Act, 1955 second marriage is null and void because first wife was alive at the time of second marriage and was not ly separated or divorced.
Legitimacy of child born out of second marriage:
Our understanding is that, as per Section 16 of the Hindu Marriage Act, 1955 (“Act”) the child born out of second marriage will be deemed legitimate notwithstanding the Section 11 or 12 of the Act.
Succession:
In this instance our understanding is that, as per Section 8 of the Hindu Succession act, 1956 the property shall devolve as mentioned below because Mr. A expired intestate. Sec. 8(a) - Upon the heirs, being the relatives specified in class I of the Schedule.
CLASS I Son; daughter; widow;
Order of succession: Section 9: Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs.
Eligible persons for succession in this scenario as per our understanding:
1. First Wife
2. 4 children born out of first marriage
3. Son born out of second marriage
Memorandum of Understanding:
Second wife is physically handicapped and is not earning, also not in a position to earn for being handicapped and illiterate and her (second wife) son is in higher school. By considering financial position of the second wife and knowing the facts we (first wife & children) have entered into a memorandum of understanding and decided to make four parts of the property.
Due to some conflict/cheating; we want to cancel the MOU and partition the property according to Section 8 of the Hindu Succession Act, 1956.
Legal Assistance Required In:
• Transferring the ownership of immovable property from A’s name to legal heirs
• Identifying the exact boundaries of the plot and land
• Registering unregistered ancestral property
