VK 15 May 2017

Woman married a man who has legally married wife

Dear Legal Experts, A man married a widow without divorcing to his legally married first wife after living together for 25 years who has children. He lived with second wife for the last 30 years and died recently in an accident. All are Hindu and it is in Hyderabad. He didn�t take care of his first family after getting married with widow. The man sold the house where his first family was living with children and bought the flat/apartment with that amount and got joint registration along with his second wife. The second wife withdrew the amount from all Fixed Deposits and Savings accounts even though she was not nominee for all the accounts by producing the Death Certificate and somehow managed with banks to getting done. The second wife is planning to transfer the flat/apartment to her brothers after converting it 100% on to her name. The second marriage is not valid under IPC 494 since she (widow) got married a man who has legally married wife without divorcing. How can a case filed against the second woman under IPC 494? Should the first wife or her children file the case? Which other information is needed for filing the case, please ? Generally, how long it will take? How can we stop converting the flat/apartment registration on to second woman? How to recover amount from bank. Thanks in advance for your expertise advice.

Reply Follow

6 Replies

Kumar Doab (FIN) 15 May 2017

You have posted that: All are Hindu.

If it was self acquired estate/property of Hindu male (husband) then he could dispose it in his life time.

The 2nd marriage during subsitence of 1st marriage is illegal.

Kumar Doab (FIN) 15 May 2017

The children if any, he fathered from relations with 2nd lady are legitimate and shall share from his self acquired estate left undisposed by him.

The 2nd lady has NO share in his self acquired or ancestral property/esate.

Kumar Doab (FIN) 15 May 2017

His children from 1st wife (legally weded) are Co-parceners in his ancestral property and shall share from his self acquired estate left undisposed by him.

His 1st wife (legally weded) is his ClassI legal heir and shall share from his estate left undisposed by him.

His mother is his ClassI legal heir and shall share from his estate left undisposed by him.

Kumar Doab (FIN) 15 May 2017

Even if 2nd wife is Nominee she has to handover the proceeds to ClassI legal heirs.

As per your post she was not even Nominee.

If it is recent matter, lodge complaint under proper acknowledgment with bank BM/Circle Head/MD/Vigilance Cell/CEPD-RBI/Governor –RBI/IBA/Code Compliance Officer-BCSBI/BCSBI and ask to save the CCTV footage of corresponding days of disbursment of proceeds and handover the copy to you. Their contact details should be on website, in Bank.

Meet Circle Head, in person with copy of complaint (email) and carry other signed copies on paper and handover one under proper acknowledgment also and request to issue orders with a copy to you to save CCTV footage and handover a copy to you.

Submit minutes of meeting with BM, Circle Head under propepr acknowledgment.

Lodge police complaint under proper acknowledgment and ask to save the CCTV footage of corresponding days of disbursment of proceeds and handover the copy to you.

Kumar Doab (FIN) 15 May 2017

At the time of claim in a/c with nomination: Bank is liable to identify the Nominee and pay later, as per set rules and guidelines of Bank, RBI,IBA,BCSBI.

The 2nd lady lone can not alone dispose the Flat.

She might be title holder of 50%.

Rest shall devolve upon ClassI legal heirs of deceased Hindu Male.

The ClassI legal heirs (one and all) can stake their claim.

Obtain death certificate from Registar of Death, Legal heir certificate from O/o Tehsildar.

Keep ID’s of all ClassI legal heir showing deceased Hindu Male as Father/Husband/son etc