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Achyut krishna das   30 December 2016

Second marriage at the age of 65

My father re marriage at the age of 65. He is a retaired teacher . Both sons wear already married. One son and his wife lived with him. But suddenly he married a lady showing some unnecessary problem. 1. Is this type of marriage is valid. 2. Can the both son had property right. 3.Age of both sons have above 30 years 4. I am a Hindu.

5. My mom expired before 4 years ago. 6 He is doing this for his pension continue with his second wife, I.e Family pension. 



Learning

 11 Replies

whatnot   30 December 2016

1.Yes, if registered.

2.Depends on will and how was it earned. But can be fought off and claimed

3. Time to grow and accept the reality.

1 Like

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     30 December 2016

If a party is Hindu by religion, his second marriage is invalid.

 

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 December 2016

Whether your mother is living? Detail not provided. But your use of word "remarriage" prompts me to believe that your father is a widower.  If his first wife is no longer alive, your father has every right to remarry irrespective of his age, provided the other party is willing. Marriage should have been formalised as per the religious rights under which he is living. All other facts mentioned by you Sons, their marriage, their age are all irrelevant. If he has assets, the offspring he may produce after remarriage also shall be eligible for a share.

1 Like

(Guest)
Originally posted by : Achyut krishna das
My father re marriage at the age of 65. He is a retaired teacher . Both sons wear already married. One son and his wife lived with him. But suddenly he married a lady showing some unnecessary problem.
1. Is this type of marriage is valid.
2. Can the both son had property right.
3.Age of both sons have above 30 years

Assuming that you are Hindus.  And your father has obtained divorce decree fron competent Court of Law ie Family Court of your district from his wife, and appeal period is expired (90 days) and there has been no appeal so far, he can remarry any woman of his choice.  In case if he is widower, he still can marry second time around, any female of his choice.  Its perfectly legal.

If his wife is still existing, and he remarried, it amounts to bigamy, would attract 494 IPC.  7 Years jail for it.

1 Like

Achyut krishna das   30 December 2016

Party is hindu

G.L.N. Prasad (Retired employee.)     30 December 2016

The law is equal to all and can not differentiate between s*xes or age for remarriage.

Sachin (N.A)     30 December 2016

Quriest has mentioned that his mother has expired, so marriage in question is valid. 

Kumar Doab (FIN)     30 December 2016

I have also noted that AT point:5, in the query it is mentioned that wife (mother) has died.

Sons have NO forced share in self acquired estate/property of father.

The Hindu Male can dispose his estate/property in his life time by a valid deed in anyone's favor.

Vivek H Bedarker (A)     31 December 2016

Your father has 100% right to remarry whatever be his age. Also he is doing it by free will as mentioned by you. If he has himself acquired property then he can give it to anyone without your consent. If he dies without preparing will or without having transferred property to anyone before he dies (please take it legally and not personally), then all legal heirs including his new wife and both of his sons from earlier marriage will get equal shares. If he gets children from new marriage then they too have rights

Rajesh Patil (Proprietor)     02 January 2017

This story is not concerned with your problem but just think other side after all he is your father.. sorry Arrangement for Yogurt � Heartwarming Post � Brought Me To Tears! Mr Gupta�s wife died when he was almost 45 yrs old. People urged him to remarry but he refused saying, "I have a gift from my wife in the form of my son. I will pass my life nicely with him." When the son became able, Mr Gupta handed over the running of his business to him. He, himself would spend his time between the office and temple. When his son got married, Mr Gupta became even more contented and handed over the running of the household to his daughter-in-law. Nearly a year after the son�s marriage, Mr Gupta was having lunch; his son had also come from the office and was washing up in the restroom. He heard his father ask for yogurt from his wife and she replied that there was no yogurt in the house that day. Mr Gupta finished his lunch and left for the office. The son started lunch with his wife. There was a bowl full of yogurt on the dining table. He didn�t express any reaction, had lunch and left for the office too. Nearly ten days later the son told Mr Gupta, "Papa, you have to come to court with me; you are getting married today.� Mr Gupta was surprised and said, �Beta, I don�t need a wife and I have given you so much love that I don�t think even you need a mother. Then why this second marriage?� The son replied, �Father, neither am I bringing a mother for myself nor a wife for you. I am only making the arrangement of getting yogurt for you. From tomorrow, I am going to live in a rental home with my wife and also receive salary from the office like a regular employee so that your daughter-in-law realizes the value of yogurt.� This is the best message! If our parents can become ATM cards for us; we can, at the very least, become their Aadhaar (Support) Card.
1 Like

(Guest)
Originally posted by : Rajesh Patil
This story is not concerned with your problem but just think other side after all he is your father.. sorry Arrangement for Yogurt � Heartwarming Post � Brought Me To Tears!

Mr Gupta�s wife died when he was almost 45 yrs old. People urged him to remarry but he refused saying, "I have a gift from my wife in the form of my son. I will pass my life nicely with him."

When the son became able, Mr Gupta handed over the running of his business to him. He, himself would spend his time between the office and temple.

When his son got married, Mr Gupta became even more contented and handed over the running of the household to his daughter-in-law.

Nearly a year after the son�s marriage, Mr Gupta was having lunch; his son had also come from the office and was washing up in the restroom.

He heard his father ask for yogurt from his wife and she replied that there was no yogurt in the house that day. Mr Gupta finished his lunch and left for the office.

The son started lunch with his wife. There was a bowl full of yogurt on the dining table. He didn�t express any reaction, had lunch and left for the office too.

Nearly ten days later the son told Mr Gupta, "Papa, you have to come to court with me; you are getting married today.�

Mr Gupta was surprised and said, �Beta, I don�t need a wife and I have given you so much love that I don�t think even you need a mother. Then why this second marriage?�

The son replied, �Father, neither am I bringing a mother for myself nor a wife for you. I am only making the arrangement of getting yogurt for you. From tomorrow, I am going to live in a rental home with my wife and also receive salary from the office like a regular employee so that your daughter-in-law realizes the value of yogurt.�

This is the best message!

If our parents can become ATM cards for us; we can, at the very least, become their Aadhaar (Support) Card.

Such a nice slap on the face to the querist.  Thanks for the post.


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