Legal Question in Family Law in India

Property inheritence

i m 53, hv 02 sons and 1 daughter who are settled well.

my husband and i live seperately for almost 20 yrs now due to his transfereble job .

I got to know he was having an affair and got married and has a second wife and a son of 09 yrs from her. he was govt servent and is retired now .( two yrs back)

My husband have recently transfered and registered a part of his inheritence to his second wife ( i m not seperated or divorced, the marriage is thus illegal) Can i revoke this regally as all of this belongs legally to my kids.


Asked on 2/04/08, 6:46 am

5 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: Property inheritence

you can move to courts for injunction to restrain him from disposing property and demand maintenance from him.

Read more
Answered on 2/04/08, 9:42 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property inheritence

You mentioned that your children are settled; emotionlly considering, there is hardly anything to worry for them.

legally, your husband is entitled to transfer his self acquired property to any person of his choice - be that an illegitimate child or a beggar in the street;

your claim on his property is limited to the extent of your maintenance and NOT inheritance; he can even execute a will as per his wishes to disentitle you and your children from his remaining properties.

the second marriage is illegal; the second wife cannot get any benefit from govt like pension etc.

Read more
Answered on 2/04/08, 10:05 am

Re: Property inheritence

Filr a case of adultery against your husband.If the property is your husband's self earned property then he is free to give it to any body,however,you and your children are entitled to maintainance including residence from your husband.Get the second marriage declared as null and void from court.cosult a local lawyer with details.

Read more
Answered on 2/04/08, 11:28 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Property inheritence

Depends on whether the husbands property is self earned property or ancestor's property.

Read more
Answered on 2/05/08, 1:04 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property inheritence

First of all let me tell you that your husband is entitled to transfer his self acquired property to anyone in this whole world. You may file case of adultery against your husband or you can file a injunction to restrain from disposing the property and demand maintenace.

In case of need please contact personally.

Professional charges are applicable.

Read more
Answered on 2/05/08, 3:20 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India