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Rajdeep Banerjee   14 March 2019

Empty threats of filing an injunction

My maternal uncle (my mom's brother-in-law) recently passed away. He had no issues and left no will. He only had a couple of jointly owned properties with my maternal aunt( my mom's sister). My maternal aunt is contemplating selling both these properties. All of a sudden, a woman who earlier claimed to have been in a relationship with my maternal uncle before his marriage to my maternal aunt emerges on the scene claiming to be his wife, although their marriage was never registered. She is threatening to file an injunction in order to halt the sale of the above mentioned properties. Now this woman is not a stranger. My maternal aunt knew about my uncle's affair with this woman before their marriage and was also aware of the financial help provided to her family by my uncle from time to time, especially due to their poor financial situation. But she is sure that this affair never solemnized into a marriage (neither according to Hindu rituals or by registration in a court of law). But so far this woman has not provided any proof of her marriage while claiming her share of those properties (jointly owned by my maternal uncle & aunt). As my maternal aunt is the legal wife of my maternal uncle, is this woman entitled to any share of their jointly owned properties (if she ends up producing photos of their marriage according to Hindu rituals or any forged certificates as evidence while requesting an injunction)? Or is she simply issuing empty threats in order to frighten my maternal aunt? Should we initiate any legal steps against this woman or should we wait for her to file a petition requesting injunction? 



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 1 Replies

abhishek sharma   14 March 2019

according to Hindu Marriage Laws, even if she produces any documentation of marriage then too she does not have any right in property as in Hindu Marriage, law does not recognizes second wife.
so chill she cannot do anything

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