- This topic has 49 replies, 28 voices, and was last updated 1 year, 3 months ago by
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USo basically my friend’s father passed away a year ago and he had two wives. First one got some medical illness hence he married the other one which is sister of first wife. Two children from first wife and none from second. Now the second wife is getting married and is 5 month pregnant. She wants half of the property and gold. Is there any way legally my friend could save the property?
There is this heir promissory note
Where she (2nd wife) signed willingly that property can be divided into 3 people and I don’t want anything. But still her name was mentioned in property paper.And if the baby comes to world will he also get the property?
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DAlso i also guess there is no marriage certificate for the second marriage. If there is, move a petition to get it cancelled
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UNAL
Lot of Information missing, what is the religion.
Because if she is hindu I dont think she is valid wife without divorce, second she is pregant with whose child? Your friend’s father, if yes then child can claim property.
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UChild can claim property but mother can’t claim anything as second Marriage without divorce is not considered legal Marriage.
Ask your friend to talk to capable lawyer .
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VHow can the second wife’s child claim anything? The man is dead for over an year, and the second wife is 5 months pregnant, additionally she isn’t legally wed.
The child in the eyes of the law is a bastard, and not related to the deceased.
**How can a dead man impregnate his “second” wife who isn’t recognized by law?**
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NSecond wife of a Hindu man is not entitled to anything as she is not a legal heir, unless the man made a will in her favour. What property paper is her name mentioned in??
She is pregnant from another man? I’m assuming the child was conceived after the husband died. Also the marriage itself is not legal so there can be no presumption of paternity for this baby and he will not get anything from the property
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HThis is a tricky situation, but legally, your friend has a strong case. Since polygamy is illegal under Hindu law, the second wife’s marriage might not even be valid, meaning she may not have inheritance rights. The heir promissory note where she gave up her share could help in court, but since her name is on the property papers, things could get complicated.
If the property was self-acquired by your friend’s father, your friend and their sibling have a better chance of securing it. If it’s ancestral, she might try to claim a share. As for the unborn child, they won’t automatically have rights to your friend’s father’s property unless legally proven as his child.
Your friend should consult a lawyer ASAP to prevent any legal trouble down the line. Better to act now before things get messier!
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RIf he is a Hindu the second marriage is null and void. She was just his live in partners. She can’t claim anything
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QI feel sorry for the woman having to marry her sisters husband while he was already married, and now people she most likely raised are trying to rob her of the money she is owed. Your friend sounds like a loser type.
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UExactly.
My heart hurts for her…she was most probably forced by her parents and emotionally blackmailed by a sick sister into becoming second fiddle and bangmaid of an already married man.
Forced into signing a document that she doesn’t need any money from property and now the same people who she raised don’t give a damn about the sacrifices she had to make.I’m kind of glad that atleast bcoz of the passing of her “so called Husband”, she can actually find love with someone else and be free.
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PSomehow makes me think the second wife must have been a minor/barely legal when she was coerced into it. Coz now the friend is grown up and the woman will most likely be under 40 to be pregnant and getting married again.
Truly a shitty situation to liver half her life like this.
Even if she is not legally a wife, she was a live in partner and deserves some dignity.
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UWILL prevails over everything else and if WILL is in favor of ur frnds side, pls act according to will terms., if Not, then Frst wife and her children will have all the rights over the property. Since second marriage is void and also child is not his (it can be proved in court since father died and also she’s not yet conceived)
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UBrother if u are hindu and living in india…wont hindu marriage act apply to ur situation he cant legally be married to her unless he divorces his first wife or she dies…now if she is not carrying the baby of ur friends father then she has no right on ur property neither does her kid…dw there is a supreme court precedant sarla mudgal v.union of india
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RIf a will of your friend’s father states that she gets a share in the property then Hindu family law will not apply in case of a self acquired property.
Courts usually will ask you to settle the matter outside. Try to find a win win situation because property matters will be very long whatever your lawyers might say. She can easily get a stay on a any sale of property. -
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