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surendrababu (self)     28 November 2010

Can a person cite a already married woman as his wife

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.

 

  1. What is the legal position of the children of the first brother?
  2. Can a person cite a woman as his wife while that woman is already married and living with her husband?
  3. Is that settlement deed valid?

 

What are the remidies left to the children of the first brother



Learning

 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     28 November 2010

from the brief, it transpires, inter alia, the 2nd brother executed a settlement deed in favour of a woman....and in the settlement deed, her relationship was referred/cited as wife. This reference alone does not make the whole settlement void or illegal. However, the whole settlement deed needs to be studied for a better perspective.

vasudevan

Viswanath (Student)     28 November 2010

1.The children of the first brother as his clas I legal heirs are entitled to the share of their father and it remain unaffected.

2. No. Unless a woman is married to him, no person can cite her as his wife.

3.mere misrepresenting the woman as his wife may not render the Deed void. But the whole Deed has to be thoroughly perused to arrive at a final conclusion.


(Guest)

kinldy consult a local lawyer.  Some more minute details are left in you query

SACHIN AGARWAL (ADVOCATE)     10 December 2010

Good advice by Mr. Viswanath.


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