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Mahesh (IT Professional)     04 April 2012

Inheritance question

Hi,

This is a question on inheritance rights of child and wife of belonging to two marriages of Hindu family.

The first lady was married for 20 years and have 19 year kid.

The second lady was married for 18 years and have 17 year kid. (This marriage was done without proper divorce from 1st marriage)

The husband was maintaining and taking care both families separately all these years.

Now the husband suddenly expired due to heart attack and left no will.


Questions..
 

  1. What are the inheritance rights for both the family members? who will get what share of properties belonging of husband/father?
  2.  
  3. Some of the   (real estate) properties held by husband are not know (documents are scattered with different people like business partners and other relatives and are difficult to get faithful information from them)... is there a mechanism to find out the same?


Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 April 2012

Dear Querist,

on the death of the husband - succession would open, all children from first wife and second wife - would get equal shares alongwith first wife, second wife would not get any share as her marriage was void. 

As regards documents you can ask for a mandatory injunction(Anton Pillar) whereby the court would order them to deposit the documents in court. 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2012

Dear Mahesh,

According to  the hindu succession act 1956,First wife and children and the children of second wiife will have a share in the property.

You have mentioned that he has married without divorcing the first wife properly,kindly eloborate.

1 Like

Mahesh (IT Professional)     04 April 2012

The second marriage was done by misrepresenting information; the husband kind of produced some documents stating he got consent and divorce from first marriage. As the bride & her parents family were not too educated and unware of rules, believed groom side family in good faith as they belonged from close relative circle and got married.

Since the marriage was done with misrepresenting information - isn't she entitled for any succession rights?

Thanks

 

Originally posted by :SAINATH DEVALLA
"
Dear Mahesh,

According to  the hindu succession act 1956,First wife and children and the children of second wiife will have a share in the property.

You have mentioned that he has married without divorcing the first wife properly,kindly eloborate.
"

Padam (Branch Trainer )     04 April 2012

 

Can A Husband go for divorce in case His wife harassing him with the help of in-law's

 

what is the process

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2012

Dear Mahesh,

The only option left for the second wife is to file a petition mu/s 493 crpc,that he had concealed the facts about first marriage.But  as the husband is not alive,how far this would benefit her is the concern.

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2012

Dear Padam,

Tiny signboards hang precariously on the central verge at many a traffic junction in New Delhi [ Images ], inviting the attention of passers-by.'Are you being harassed by your wife? Contact the men's cell,' the board, which also has a mobile number, says.One phone call later, you learn that it is a one-man crusade against wives who harass or blackmail their husbands and the crusader is a lawyer-- willing to extend a helping hand

"There are no laws to protect a man from being harassed and blackmailed by his wife. The anti-dowry laws are highly biased towards women. How does a man protect himself against constant nagging and suspicion?" questions R P Chugh, a Supreme Court advocate who started a men's advocacy group Crime Against Man Cell aka Society for Prevention of Cruelty to Husbands way back in the 80s to take head on cases of  'false charges of dowry harassment and torture'.

claims, without naming anyone, the top notch of bureaucracy and judiciary of Delhi have, at some point or the other approached him with marital woes, complaining of harassment by their wives.

Chugh says he has long been campaigning for a legislation for 'Protection of Rights and Dignity of Married Men' is immediately required.

"Almost 87 per cent of women lodged in Tihar jail have been booked on anti-dowry complaints," Chugh claims quoting media reports.

Citing a recent case, Chugh says a woman from Haryana was quick to slap a dowry harassment suit on her husband when she was allegedly caught in a compromising situation with her husband's colleague.

Most crime against men go unnoticed as a man's ego does not allow him to admit that the wife regularly attacks him with an assortment of household items, Chugh says.

The lawyer has taken a war of sorts against the society to defend the 'dignity and rights of men in married lives', and holds dharnas every year on Human Rights Day.

"The Dowry (Prohibition) Act safeguards women's rights but unfortunately it can also victimise an innocent man whose wife wants to blackmail him or draw heavy compensation," he says

Although crime against women and domestic violence is a reality, through his chequered career in law, Chugh says he has defended numerous men against false claims of torture, dowry harassment and destroying marital harmony.

A similar 'brother' organisation, which reportedly is thriving in Kolkata [ Images ] has also seen men coming out more often to register their protest against 'exploitation' by wives, he says.

"I have a number of cases with me and the complaints vary from silent resistance-- of refusing to speak to their spouse after a row-- or constant nagging or actual physical violence," he says.

Chugh says that many of the rape charges filed against men are 'fake' and are simply examples of 'a woman scorned'.

However, while feminists have criticised his radical views over the years, Chugh says it hasn't deterred him from pitching for men and will not either in future


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