Property on illegal wife's name

Tell the Real facts

Sir, Any person who tells she is divorecee  but after marriage husband came to know she is not having any court divorece,but having divorece on stamp paper and registered in sub registarar office. Some local advoctes are saying that deed of divorece on stamp paper is valid and some are saying no it is not valied., pls let me know what is the reall position., whether marriage is legally or not? Thanks

Sir, Any person who tells she is divorecee  but after marriage husband came to know she is not having any court divorece,but having divorece on stamp paper and registered in sub registarar office. Some local advoctes are saying that deed of divorece on stamp paper is valid and some are saying no it is not valied., pls let me know what is the reall position., whether marriage is legally or not? Thanks

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Here the question is not that whether the Court Divorce is there are not.You have lived with her basing on the Regd Stamp Paper and her first husband is no way now interfering.The property had been purchased in her name and she is the owner.Any issue better sort it out amicably with her.

Sir, Any person who tells she is divorecee  but after marriage husband came to know she is not having any court divorece,but having divorece on stamp paper and registered in sub registarar office. Some local advoctes are saying that deed of divorece on stamp paper is valid and some are saying no it is not valied., pls let me know what is the reall position., whether marriage is legally or not? Thanks

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It is not legal theoretically and it is an offense but legality comes into picture if any of the husbands raise the issue and have proofs to prove the said marriage.

@rajkumar,

The real fact is: Husband was into illegal relationship with another woman and left the legal wife. Legal wife approached court for RCR and got maintenance in 1980. All these years the husband lived with the other woman and bought all the assets on her name. Now, some well wishers are trying to get the legal wife atleast a house to reside. Earlier she had been living in her brother's house and now she is staying in a rented house.

the query is that whether the legal wife can approach the court stating that Husband has given all the assets to another woman without even providing a house for the legal wife?

thanks

To be frank it is not possible.Since the property is purchased on her name and not the husband.Try for any amicable settlements thro sound mediators.

@Sekar:  The legally wedded wife can seek maintenance and residential rights from her husband, she is entitled to residence under the provisions of law even it be a rented house whose rent will be paid by her husband.  As far as the properties bought on the name of his concubine, even her husband cannot claim a share in it though he purchased it out of his funds.  It becomes a woman's exclusive property.  Thus his wife cannot do anything about legally.

@heral:  A divorce deed made on a stamp or not, registered or not, it never becomes a legally valid divorce.  A decree of divorce dissolving the marriage held between two by   an order of a court is the only legally valid divorce.  Other forms of divorce are nothing but gimmick. Therefore the subsequent marriage  while the previous marriage was not dissolved legally, is null and void.

@rajkumar.. thanks for your comments

@T.Kalaiselvan.. thanks for your comments... I have another query. In case, husband dies and his mother has some inherited property in her name, can the legal wife claim her husband's share in the inherited property which is held by husband's mother? Does the husband's mother has right to dispose the property without giving any share to her daughter-in-law or her grandchildren? please advise

thanks

sekar

Regarding HERAL since you had lived with her irrespective of court divorce she has rights