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Deepa (BUSINESS)     12 August 2009

Property in the name of second wife

 I am second wife of my husband and the first wife is not yet divorced. my husband doesn't want to cheat any of us. very recently his wife came to know about our marriage and anytime i may face a problem. We both me and my husband decided to buy a flat in my name which will be the contribution of both of us (I am working in a private company). So please advice me whether the property can be registered in my name or else will that fetch any problem in the future. or else i have a kid of nine months old, whether it is advisable to register the property in his name. Please advice.



 5 Replies

A V Vishal (Advocate)     12 August 2009

Suggest to register the house ONLY in your name.

sanjeev murthy desai (Advocate)     12 August 2009

Dear Deepa,

In Law does not recognised second marriage is valid in hindus and there is no status of 2nd wife in Law (till the wife life time) and your marriage also null and void under law. Please dont presents your status as a 2nd wife of your husband. Actually its an offence under Indian Penal Code. Please keep in mind this point ok.

You and your man can jointly have that property but creats future problem. Because his legal wife having valid claming rights in that property.  So it is advisable to registered that property in your name only.

sanjeev desai

 

 

Y V Vishweshwar Rao (Advocate )     12 August 2009

Purchase the Proerty and Sale Deed is to be executed &  Registered in your name only !

Sale Deed in the name of 9 months kid makes some legal problems when you want to sell the proerty !

 

hemant sharma (service)     12 August 2009

Respected Madam , you need to understand that your marriage is void u/s 11 as it contravenes clause 1 of section 5 of Hindu Marriage Act.protect your husband from the charge of bigamy by proving that the second marriage never happened or was an invalid one or live in arrangement. In this process to save yourself it is advisable to get any property in your name, with traces to prove that you made the payment from your oun earnings.

Act wisely

 

M.A.T.Ganesan (lawyer civil &family laws)     14 August 2009

Sale deed must be in your  name. you must see the recital with regard to the payment of money by you only


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