Will in case of remarriage

hardeep (Querist) 12 September 2011 This query is : Resolved
I am a male legally divorced by mutual consent and I am having a son from my previous marriage whose legal custody is with me. Now while searching for a suitable partner for my second marriage, I came in contact with a lady who is divorced and issueless. But she wants to adopt one son of her younger sister who is a widow with two sons. Now I want to ask if make a will in favour of my son from my first marriage and go ahead with my second marriage, what will be legal implications as far as property and other inheritence rights are concerned.

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ajay sethi (Expert) 12 September 2011
no . you can by will bequeath your self acquired property to any one you deem fit.

before marrying a second time , better make it clear to your fiancee that you shall be bequeathing your property to your son from first marriage .

you can also execute a gift deed if you so desire

prabhakar singh (Expert) 12 September 2011
Mr. Sethi has sensitively and rightly advised you.You first need to let your prospective wife [fiancee]that you have intentions to give your property to your son from first wife.Otherwise situations of dispute may crop up in future as she is planning to adopt which shall create a further problem, specially after marriage as post marriage with you adoption may not take place legally as a son is already to you.
Properties you own can be transferred to your first son without hindrance through a gift but in that case your ownership will pass then and there.

Guest (Expert) 12 September 2011
I don't think there should be any legal embargo, if you create a will in respect of your own acquired property in favour of your real son from your previous wife before you solemnise your remarriage.

prabhakar singh (Expert) 12 September 2011
marriages fail only because now a days concentration is always on legalities not on legalities with socialites and emotions.

Raj Kumar Makkad (Expert) 12 September 2011
I confine myself only on the query and leave provide suggestions rather to properly reply as seen in the present case.

Yes. You can make your will in favour of your only son as on day. If you re-marriage by accepting terms and condition of your second wife then also will shall prevail in case of all your self acquired properties but if you have ancestral properties then these shall be divided in equal shares between all your legal heirs (may some more children take birth out of your second marriage).

Jitendar Kumar gupta (Expert) 13 September 2011
if you really want to safe the future of your son then ask your would be wife to adopt your child first as the will can be canceled at any point of time .Otherwise the future of your shall be in dark.

hardeep (Querist) 20 September 2011
I have further query in continuation to my earlier query.

While going through Hindu adoption and maintenance Act, 1956, I found that I cannot adopt another male child because I am already having a son from my previous marriage.

But if my fiancee adopts her sister's son prior to marriage, will that adopted child will become my legal heir or not?

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