Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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shyam lal   06 July 2022

Immovable property sharing

As per deceased fathers registered WIll. states that ..the immovable property has to be shared equally among two adult siblings..situation is one of the siblings has married for the second time ..legally or illegally no one knows. hence he has two wives'. both wives are living and alive .Query..Legally can the sibling who has two wives write his WILL in respect to his equal share of property as per the the father's WILL in favour of his second wife?

As per deceased fathers registered WIll. states that ..the immovable property has to be shared equally among two adult siblings..situation is one of the siblings has married for the second time ..legally or illegally no one knows. hence he has two wives'. both wives are living and alive .Query..Legally can the sibling who has two wives write his WILL in respect to his equal share of property as per the the father's WILL in favour of his second wife?



Learning

 2 Replies

Mahi Manchanda   07 July 2022

Hi,

The Hindu Marriage Act, 1955, prohibits polygamy. Section 5 of the Hindu Marriage Act, 1955, specifies that at the time of marriage, none of the parties should have a living spouse. Therefore, if this condition is not met, the second wife does not have the right to claim any share in the property of the husband.

The children from the first marriage, as well as the second marriage, would have equal rights over the deceased patriarch’s immovable assets, both self-acquired and inherited by the patriarch.

As per the Hindu Marriage Act, 1955, remarriage without divorce from the first marriage, is illegal. Therefore, the second wife in such circumstances cannot claim any share in the property of the deceased husband, in the case of death of the husband without leaving any will (intestate). 

Legally, all the property belongs to the first wife and both his legitimate and illegitimate children.

Even if he mentions both his wives in his will. It could be challenged in court by the first wife.

I hope this helps.

Have a good day.

shyam lal   07 July 2022

Thanks Mr Mahi.

In this particular case .the husband and his first legally wedded wife are from Christian community.the second wife is a Hindu..the husband claims to have excepted Islam but no news about his second wife conversion to Islam.under these circumstances ...is this relationship legal and excepted by society.

 

 

.


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