Can a person cite a already married woman as his wife
surendrababu
(Querist) 28 November 2010
This query is : Resolved
Three brothers got property under a will of their father. They have partitioned the property into three equal shares.
1.Elder Brother married and begot two sons thereafter he died.
2.2nd and 3rd brothers remained unmarried and living jointly under one roof.
3.The unmarried 2nd brother had illegal contact with a married woman. During that course and while she was living with her husband, the unmarried 2nd brother gave a house to that women under a registered settlement deed on 5th January 2010 wherein he referred her as his wife after that he died of hanging intestate on 30th January 2010.
4.The aforesaid woman sold that house to some other person on 3rd March 2010
5.She has taken divorce from her husband on 5th June 2010.
6.The unmarried 3rd brother while trying to file a suit against that woman and the person who purchased that house died of hanging intestate on 3rd September 2010.
7.What is the legal position of the children of the first brother?
8.Can a person cite a woman as his wife while that woman is already married and living with her husband?
9.Is that settlement deed valid?
What are the solutions remain to the children of first brother.
Devajyoti Barman
(Expert) 28 November 2010
The recital of the settlement deed has to be looked iinto. Though that brother can not refer an alredy married woman as his wife, the transfer made to her is valid as it was not inhertance.
R.Ramachandran
(Expert) 28 November 2010
I fully agree with Mr. Devajyoti.
I would like to add that while one house might have been given away by way of settlement deed in favour of the woman by one brother, there still appears to be some more property left behind by the two deceased brothers.
The said properties would go by way of inheritance in terms of Section 8 and 10 of HSA 1956.
The Class-II heirs of the said deceased persons would inherit the property of the brothers who died intestate.
surendrababu
(Querist) 28 November 2010
Thank U for your answer. The Property he gave is the property of his father he acquired it under a will of his father
regards
surendrababu
R.Ramachandran
(Expert) 28 November 2010
Yes, I have noted that the property has been obtained through WILL from his father. If the property had been the ancestral property of his father, then if he had married and got any children, then the same would have turned into an ancestral property in the hands of the son (i.e. second brother who gave it to the woman) and being the ancestral property he could not have given it to the woman. In that case he ought to have first partitioned the property amongst his co-parcenars i.e. himself and his children. He could have given only the share which falls to his share to anybody including the woman to whom he ultimately gave.
BUT in this case, he had not married. Therefore, the property which he got through WILL ramained his private absolute property. Therefore, he can dispose of the same in whatever manner that he likes. Thus, if he had settled that property in favour of a woman that is valid.
I have completely noted the fact situation and then only gave my above view.
