Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kiran Mehta (na)     23 September 2014

Legal rights

 

I am a hindu woman residing in mumbai. i am the 2nd wife of my husband.It is a legal marriage as i have registered it. 

my husband's 1st wife is still alive and has 2 sons above the age of 21. he has not divorced her.

my husband and i have been staying together separately for more than 15 years. 

my husband is 1/2 owner in the flat that his 1st wife and children stay in. Also my husband is in possession of a plot of land (solely in his name) in the outskirts of the city.

i would like to know what are my legal rights as a legal 2nd wife towards my husbands property. 

 

also my husband has stopped giving maintenance money to his 1st wife and the children are threatening us.

Plz advise thank you.   



Learning

 7 Replies

Alinawaz (_)     23 September 2014

File pettion for maintanance with above details under section 125 of crpc

Adv. Chandrasekhar (Advocate)     23 September 2014

If the flat's half share is due to his own income he is the absolute owner.  Similarly, the plot of land also he got it through his own income and not ancestral property, then he is the absolute owner.  That half share of the flat and the plot of land he can give it to anyone during his time by way of gift deed.  He can also sell it.  If he wants to enjoy this during his life time he can do so, but if he wants to give to any particular person, he can execute a will.  If he does not leave "will" then after his demise, the property goes to his first wife, and his children.  You cannot have any thing, that even though your marriage is registered, your marriage is not valid in the eyes of law.  So, if you want any share in that property, the best option is to ask him write a gift deed and get it registered and take possession of them.  If he writes a will mentioning your name as successor of all or a part of the property, then also, you face difficulties because other parties go to court and challenge the will on several grounds including forged one or obtained by force or fraud.  So, the best thing is to go for gift deed and get it registered and take physical possession of the property.  If the first wife does not have any financial source to survive, she can get maintenance from the court.  Her sons being major cannot get any maintenance.

1 Like

Kiran Mehta (na)     25 September 2014

thank you sir for your reply. the half flat nor the plot of land is not of his own money. it is inherited via a will of a family friend passed by the high court. i have all the papers in possession. we have been living together for more than 15 years separately .. does that not make me a legal wife now and grant me rights? have i committed a crime by marrying my husband who had not divorced his 1st wife? plz advise. thank you.

Advocate Ravinder (Advocate/Attorney)     26 September 2014

You have married your husband while the first wife is alive.  Hence, it is become bigamy an criminal offence.  You will not get any legal rights over the properties of your husband.  But your husband can transfer his property to you by way of registered sale deed, if it is his self acquired property.  If it is ancestral property, he can transfer the extent coming to his share.  For further details call me 7893011777 or ravinder2345@gmail.com.

1 Like

Kiran Mehta (na)     26 September 2014

thank you sir for your advice. how can i transfer this property? will making a power of attorney and then transferring everything to my name help? also can i get my husbands POA and sell everything? cause as it stands everything (plot and 1/2 flat) is on his name .. i dont think making a will will help me as mentioned by Adv. Chandrasekhar .. plz advice. thank you.

T. Kalaiselvan, Advocate (Advocate)     01 October 2014

Your legal marital status has been explained by other advocates, so I don't want to repeat it.   As far as the property  lying in your husband 's name is concerned, they are his own properties.   He can dispose it to any one including you.  You can ask him to execute a sham registered sale deed on your name and your will become the owner of it for ever.  This cannot be challenged or will not sustain if  challenged in the court by his first (official) wife under any circumstances.

b.goheel   12 October 2015

going thrgh ur old query also.
first decide ur husband is staying away frm his first wife for 10 or 15 yrs. thgh dont knw no. of yrs of seperation hv any effect. bcoz bigamy is bigamy.
in early thread u like to knw abt ur share in the property of ur beloved [!!!] husband and nw abt punishment.
true one has to keep in mind of both. [dont leave the property at the same time donot invite punishment].
wish u best of in ur endeavor.


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