I am Hindu aged 44 years male working in Private Limited company since 12 years in Hyderabad. I was married in 2005 and she is a B.com Graduate and this was arranged marriage. After marriage passing of two months differences arised between us and she left my home. We had a son from our marriage and he is now 15 years old. I requested her countless times individually and through elders but she was adamant and was fully under control of my mother in law (MIL ,she is the devil who ruined our lives). She was doing job without my knowledge while staying in her maternal home. She tried to book my family under 498A and under domestic voilence case twice. My self and my old parents were dragged to police station (Jurisdiction Hyderabad). But police counseled us and finally she said she will stay in a separate house leaving my parents behind. I tooked several houses but never she stayed and within few days on some pretext she used to go to parents home. I even took rented house near to her parents house there also she used to fight with me and used to leave me. Finally i was thrown out of my rented accommodation by my wife and inlaws in the year 2010. Gist is she was not ready to live with me at any cost and i received death threats if i stay in and around their place and not to contact anymore. I have put all my best efforts and 8 years were past. She was not ready to give divorce also. I have sent Legal Notice to return to my home but all in vain. I was vexed and decided to re-correct my life on my own which is narrated below.
I know very well that without divorcing second marriage is illegal and can be jailed for 7 years. I was ready to go to Jail as well because i have done nothing wrong on my part and my life has become very big tragedy and misery for me. There is no communication from my wife from 2010 to till date 28.04.2021 (physical or telephonic).
I have done second marriage in the year 2014 without divorcing silently and was staying away from my parents. By God's grace now we are living peacefully i we blessed with two male kids aged 6 years and another 6 months.
Now, i request you all correct legal advice which is valid before Law and not mere assumptions. I wish to execute Will in favour of my second son eldest son Master Teja Sai aged 6 years. I dont have self earned movable or immovable assets.
I want to execute a Will in favour of my elder son Master Teja Sai as my nominee and my second wife as guardian/custodian pertaining to my company provided benefits (PF, Gratiuity, Group Insurance and my personal LIC insurance policy etc) in case if am no more in the near future.
1. Do i have right to execute Will to any living being other than wife or family members?
2. If i execute Will as mentioned above will it be valid before the Law.
3. If it is valid before Law, as an individual if i execute a Will in favour of my Second wife Elder son Master Teja Sai assuming in case of my death can my minor son can get my company provided benefits through executed Will and my second wife as guardian/custodian to him?
4. Mere by showing executed Will my company will give my financial benefits to Master Teja Sai directly or company will insist Court Order to do so because as per office records my first wife is the nominee.
I need advice which is legally valid and not mere assumption/s. Your advice's will help me a lot.
Thank you all,