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maheswari1 (Service)     13 October 2010

Second marriage

I got divorced an year back and now I am planning to get married again. Here I have certain questions. Since I am working I did not claim anything from him. I have two children out of this wedlock. Both of them are adults. He has not given any of his hereditary property to the children. If i get married will they be able to fight for their rights. I would like to know what are the documents i should have for the second marriage and what is the procedure?


 9 Replies

R.Ramachandran (Advocate)     13 October 2010

Since both the children (whether son or daughter) are adult, and you say he has hereditary proeperty, then these majors can ask for partition of the property as their birth right.   The moment they send a legal notice asking for partition, then the property has necessarily to be partitioned.  In case he does not partition, then a suit for partituon can be filed.  At least this will ensure that the children are protected with property. 

maheswari1 (Service)     13 October 2010

I have got the degree of divorce. Here i would like to say that the property is ancestral and he is not ready to give it to the children. he has already sold few of his properties when the children were adult and when the case was in the court. if i get married now will my children be deprived of their rights of getting their ancestral property?

maheswari1 (Service)     13 October 2010

Thanks for the reply. Can i file a partition suit after i get married? will my second marriage stand as a hurdle to the children getting their ancestral property back.

R.Ramachandran (Advocate)     13 October 2010

Legally your remarriage should not affect the rights of the children, since they will he his children irrespective of whether you remarry or not.  But, all the same, instead of leaving things to ifs and buts, the demand for partition can be done by the legal heirs through a lawyer notice.  The very demand is enough to set the partition process in motion.  In case he does not come forward to effect the partition, then the suit for partition can be done probably after your remarriage.  But claim for partition should be done at the earliest lest he should dispose of the properties, in which case the matters will get complicated.


Why do you want to have best of both the worlds? Be human, let him survive too.

sandeep verma (advocate)     19 October 2010

Documents required for Performance & Registration of court Marriage...

1.Passport Size Photographs - four each of Marrying Persons.

2.Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.

3.Date of Birth Proof (Municipal Corporation Certificate, Xth or XIIth Examination Certificate, Passport, PAN Card) of Marrying Persons.

3.If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.

4.If any party is widow / widower – Death Certificate of the dead spouse.

5.If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.

6.Two Witnesses ( Both should be major )


FOR MORE DETAILS YOU CAN CONTACT @ 9818673748 (Adv. Sandeep verma)

Delhi and NCR

Manvendra (DPM)     27 May 2013

Mr Sandeep Verma and Arvind Verma ( Chamber No B136 and Chamber No 127 Tiz harzri Court ) are fraud advocate dont hire them , they will charge both party and double cross both the parties also they dont even communicate, They change petition page after signing for their benifit

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