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  • Category: Indian Law

    The law regarding Self aquired property

    Sir, Can any husband transfer (transfer deed/gift deed/ sale deed) his property (residential house) to his second wife's son without informing his first wife (who is fully dependent on his husband and his legally wedded wife now senior citizen) in his life time ? Just because he has his name on agreement of home?

    If the step son is no where responsible (rather can not be held responsible to take care of his step mother) who will take care of her ?

    Our Indian law has given authority to a "MAN" to disposed of the property to whoever he wants without asking a "WOMEN" / wife who has taken same efforts ; some times more than him in all terms right from upbringing of children, their education, their needs and wants, husbands need and wants , taking care of in-laws and so many things............. endless...

    but where the question comes about her rights - she does not have her name reflects in any of the documents right from the birth certificate of the child, in-laws property , husbands property (because till date no compulsion has made by our govt to write wife's name on the agreement).....

    If son (step/own blood) fails to look after / take responsibility of mother then her condition will be like a football...

    And by the way "De-demonetization" can be implemented in one single night. But still we are using the rules which are laid down by the British rules almost 75 years old.... which nowhere support the dignity of today's women. Still women is dependent on her husband, her son ....

    Or she has to fight / legally alone against her husband / son for her right at the age of sixty where she is not able to meet both the ends, then lawyers hefty fees and again tarikh pe tarikh for more than 10 years.............

    Seeking for expert lawyers opinion in this regards.

    Thanks & regards,

    Varsha
  • #140890
    I can guess that you have many misunderstandings and doubts. Probably those come from the innate insecurity you feel. Laws in India have sufficient in built provisions to protect and help the weak and vulnerable. Sometimes new judgements also may make possible new laws in changed and needy situations.
    In the present case your exact problem is not clear. Only when the exact problem is narrated we can give suitable answer.

    However let me answer in general way on certain presumptions and inferences from what is given in the question.

    I presume that the first wife is old and alive, dependent on husband. Second wife is no more, but son is alive.

    Legally wedded wife has a right on husband's property. In the present case even the second wife or her son can claim right in husband's /father's property by filing case in court. I am not able to understand why the second marriage was not objected when it was happening?

    I would suggest a way for you now.
    You may get an injunction against the transfer of property , so that your interest also will be taken care of wen the transfer happens. But for that you have to get services of a lawyer and file for injunction in the court. Otherwise you have to get some impartial middlemen and make a settlement in a way that your needs are taken care of.

    There is no point in lamenting and wasting time in blaming law and custom.

    (sometimes good human relations and positive approach help more than court cases). Best Wishes.

  • #140894
    As per my knowledge goes the first wife who is alive and living with the husband is having whole rights of the property only after the husband dies. As long husband is there and not having good terms with the first wife, he may accord priority or even register part of the property in the name of his second wife or his second wife children. As long as the property rights belong to your husband and he is the sole owner of the property , he has the right to even dispose off the property and give the proceeds to any one he wish. It all depends on good relation and cordial relation.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #140941
    As per the law, the every wife that legally marries husband get the share in property. Even after the divorce, if it is alimony-less marriage, then property share can be made. So if the first wife is settled with alimony. She can't be making any claim in the property. However the second wife is likely to make the claim. And legally she is allowed to do the same.

    If the husband is alive then he has right to make the property to be nominate to the person he wants to nominate.Here he can skip even the wife and blood relatives. So you may have to understand that there are going to be some legal complications. Same is the case with your current scenario.

    You may have to take the legal help and ask the domestic lawyer for this. Because considering the current scenario, unless there is a will made by the person. It'd be harder to claim the specific portion of the property.


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