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Kinonessee (NA)     09 May 2011

Dad has two wives.. Property & VRS

Hello,

Firstly, i would like to congratulate for this site owners for excellent information + help in forum.



Ours is a joint family. My Dad has two wives. He married my mother first and then few months afterwards he married to another woman due to family presure he couldnt tell the previous marriage.



My Dad and Mother working in same office and hence in other place. Second wife is in other place. Couple of years later verything was revealed and my  mom invited second wife to join them but she told she will stay in bangalore. So Dad used to travel frequently around - second wife takes house rental amount and also dad used to send money or give cash when in bangalore to second wife. First wife has one son and one daughter now both married (myself and sister) and second wife has two daughters(one married and another still single)  So since almost 35+ years its been like this. Now second wife is trying to be too greedy after I bought house on my own and started troubling my dad for money diretly or indirectly from her relations. My Dad has nothing except his currentgovt job. Additionally, ancestor property which is currently in my grandmother's name (Grandfather & Grandmother both already died).

I have couple of questions :-

1. Can the second wife put a case now after so many years? If yes, who can put the case and regarding what possibilities?

2. My Father and my Mother is very close to me since I take care of them well and seond wife is just money minded.  How can be a clear settlement between both parties?

3. Can any of Third person be involved?

4. What all legal actions could be taken from my perspective to make my parents stay with me without any legal obligations related to property, or future money etc.



5. I have asked my parents to take VRS and come with me so that they are safe. I want the VRS amount to be used by my Dad alone wherever he likes/wishes since its his hard earned money. What are legal aspects related to second wife here?

 

As per Hindu act i know the second marriage is illegal. But what has happened already happend and we should move on. This is now turned to selfishness after I made some property, so would like to have all possible options.

You guidance is really helpful going forward.

Thnak You, - Kino



Learning

 11 Replies

Gundlapallis (Advocate)     09 May 2011

The second wife of your dad can only claim maintenance during her life time that too if she doesnt have any means or income to support herself.  She will not have any right over your father's property.  Her daughters will have rights only on your father's self acquired properties, if any.  They will not have any right on the property that is in your grandmother's name.  What ever your father wants to do or u people allow to do her can only be on moral grounds - legally the second wife of your father is positioned in a weak corner.

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     10 May 2011

secon wife cannot do anything. I agree with Gundlapalli's advise.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     10 May 2011

I agreed with my fellow-members re: the second wife's claim However,  presume that the first marriage was solemnized and has complete proof. Other-wise the 2nd wife may claim her marriage to be legitimate...check this out!

1 Like

Kinonessee (NA)     13 May 2011

Thanks guys..

So to make it simple :-

  1. None of the ancestor properties can be claimed by the Second wife and her daughters even if its legally married. Correct?
  2. Any possibility of Imprisonment for my Dad incase Second wife goes legal asking for maintenance or any means of claiming false statements?

One more question :-

My Father has three younger brothers. So my first Uncle has - 1 Son, another uncle has one son and another uncle has 2 daughters and one son. The familiy is still undivided. One site (60x40) and a house [4 small houses in ground floor assumed by my grandfather while constructing that each house for each of his Sons.] is still in my Grandmother's name.

Now legally how this will be shared to my Father? Legally what can be claimed by my Dad?
 

Thanks and Rgds,

Kino

Kinonessee (NA)     14 May 2011

Could anyone help me to get answer here? Please.

Sarvesh Kumar Sharma Advocate (Advocacy)     14 May 2011

  1. None of the ancestor properties can be claimed by the Second wife and her daughters even if its legally married. Correct?

 

 

 

yes offcourse!

Sarvesh Kumar Sharma Advocate (Advocacy)     14 May 2011

2.  Any possibility of Imprisonment for my Dad incase Second wife goes legal asking for maintenance or any means of claiming false statements?

 

 

 

not permited!

better say prohibited for her!

 

1 Like

Kinonessee (NA)     14 May 2011

Hi Sarvesh,

"not permited! better say prohibited for her!" -> I didnt get you here? What does this mean?

My Father married my mother in Temple and has got the Marriage Certificate. My Father married second wife which was arranged by my Grandfather. i doubt they have any marriage certificate. I was only concerned taking legal action in any case because if there is a law that if second wife put some case with false statments and father might get into trouble with imprisonment etc.. Could you please help me to get it cleared?


Rgds,

Pradeep

Sarvesh Kumar Sharma Advocate (Advocacy)     14 May 2011

second wiwe  is not a legal wife!

she has no right to called her second wife!

there is no definition in hindu marriage of second wife!

that's why she is not permited to file any case .

first she will show their locus standie!

which she can't prove.

that' why i m saying what ever is not permited is prohibited!

 

 

good night!

KARTHIK (TRAINEE)     26 June 2011

Kindly do help me,

who will be legal heirs of a hindu married woman who has deceased and  who has left  two boy children and husband,(husband got remarried) and guide whether husband  will be  legal heir


 

Kinonessee (NA)     27 July 2011

Hi Sarvesh,

I heard that recent Supreme court law confirms that ancestor property can be claimed by second wife childrens.

Second wife has written to Dad's boss seeking details of his salary etc.

Kindly help how should we proceed?

 

Is it worth going for a divorce of second wife?

 

Thanks.


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