Civil Procedure Code (CPC)

regarding will


If a illegal second wife got a will from her illegal late husband and if she got remarry, what happened to the will.
 
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Retired employee.

Any person can bequeath his self acquired property in the name of another person or organization.  No one can question such will unless the will was obtained fraudulently through coercion.  The relations may be legal or illegal but the will is legal and illegality should be challenged and has to be decided by a competent court.

 
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Advocate

Please post facts, not riddles.

 
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Hello sir, greetings of the day.
As per your query, in order to determine the rights of the second wife, it is important to verify about the legality of the second marriage. According to the Hindu Marriage Act, 1955, it 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. Remarriage without getting divorce from the first marriage is illegal. Therefore, if this condition is not met, the second wife does not have the right to claim any share in the property of the deceased husband. As you are not a legally wedded wife of your husband, your marriage has no legal validity before the law. Hence you are entitled to any property rights from your husband’s property. However your children are considered to be legitimate children. And law provides legal rights to the children born out of illegal second marriage the entitlement of maintenance and will to inherit the father’s property. So even if your husband has left you a will, you cannot claim the property because your marriage is void.
Hope this helps.
Regards
Nirali Nayak
Law Student

 
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Lawyer

So many ifs make the query a hypothetical and fabricated, be brief, clear and specific with the facts of the case for consideration and obligation of experts, if the story is true /real.

Nothing can be presumed to form proper opinion and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 
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Retired employee.

@Nirali Nayak:: The issue in the query is about the validity of the will and the queriest himself admitted the illegal relationship.

 
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Advocate

Nowadays, there many an 'if' postings. Any legal suggestion to such fishing exercises, in my considered opinion could lead to situations resulting in the penalisation of the innocent, thus defeating the very lofty objective of this platform.

 
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Advocate

A will is totally a different subject that of the second marriage by the beneficiary.

The property bequeathed through a Will is called as acquisition and not an inheritance.

If the testator had clear and marketable title to the property bequeathed in the Will in favor of his illegal or legal wife or even a third person whether related or unrelated, if the Will is otherwise legally valid, then there is no ;legal infirmity to enforce the Will to acquire the property by the so called illegal wife, because she is exercising her rights as a beneficiary in the legally valid Will, which cannot be questioned or challenged by a third part for any reason.

 

 

 
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