Second wife

shyam lal (Querist) 03 January 2022 This query is : Resolved
The situation is - brother marries for the second time with out divorceing his first living wife.in addition to worsen matters writes a WILL in respect to his share in undivided immovable property in his second wife's name.omitting his first wife's and children's name.
Query...what legal action can other family members take who have equal share in the undivided immovable property as per the WILL of their deceased father.(self acquired)

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A family is seeking legal recourse as a brother has entered into a second marriage without divorcing his first wife and has subsequently made a will favouring his second wife regarding shared ancestral property. While the will only takes effect after his death, other family members with equal shares in the undivided property can pursue legal action for partition and demarcation of their respective portions. However, direct legal action against the second marriage itself can only be initiated by the first wife, who has remained silent for 16 years.

K Rajasekharan (Expert) 03 January 2022
Others can take up the matter to the court for partition and to get each ones share demarcated.

The Will will have force only after his death. The writing of the Will has no legal consequence at all as of now.

shyam lal (Querist) 03 January 2022
Expert Rajasekharan thanks for replying....the partition/demarcation of share/and the WILL coming into force is very well know.The issue is family wants to take legal action against the deed of unlawful second marriage ..what befitting legal acton can be taken for this unholy matrimony.kindly advice.

Isaac Gabriel (Expert) 03 January 2022
Whether the first wife is alive and what about her stage? did she made any complaint agaisnt the husband?how long she remains silent after the second marriage? Without these details no conclusion could be arrived at.

shyam lal (Querist) 03 January 2022
Expert Gabriel...for your info the first wife is live .she has not complaint anywhere .it has been 16 years now....the burning question is can any other family member take action .against this type of marriage if yes kindly spell out...

Advocate Bhartesh goyal (Expert) 03 January 2022
No other family member can initiate legal action against such type of second marriage .Only aggrieved first wife can take legal action.

kavksatyanarayana (Expert) 03 January 2022
Yes. As the first wife is silent regarding her husband's marriage with another no one complains against him. For undivided property, the other coparceners/coowners may file a case in a court of law.

krishna mohan (Expert) 05 January 2022
She can very well file a complaint on bigamy and take legal action for remedies including right over the property.

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