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Author Topic: Second Marriage  (Read 1841 times)

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Offline Reetu Joshi

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Second Marriage
« on: February 20, 2015, 01:27:40 AM »
There is a case :

Mr X married to Ms. Y (first wife) as per Hindu custom 25 years back and had one son Mr. A.
X & Y separated with mutual  agreement.
After 5 years Mr X married to Ms Z (Second wife) without given the divorce to Ms Y
From second marriage Mr X and Ms Z had one daughter B (Now Major). At present both wives Y & Z alive


1. What is the status and rights of Ms. Z (Second wife) in the property of Mr X ?
2. What is status & right of Ms  B (daughter) on the property of  Mr. X ?
3. Can Mr. X transfer his immovable property (not a ancestral property) to her daughter B or to Ms Z ?
4. What are the legal ways thorough which Mr. X transfer his property to Ms. Z or to Ms B ?
5. Can only Transfer Deed in the name of Ms B is sufficient to transfer the property

Offline Advocate M.Bhadra

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Re: Second Marriage
« Reply #1 on: February 20, 2015, 02:27:03 AM »
1.Z has no property right as because second marriage is void.
2.B has property right only after death of X with Y and A have equal right
3.X can transfer his property only to B not z during his life time.
4.Registered deed of gift is valid deed to transfer his property.

M.Bhadra,adocate at Kolkata,9836589246

Offline saravanan.s

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Re: Second Marriage
« Reply #2 on: February 21, 2015, 11:31:58 PM » right would exist for z in the property of x as the second marriage is illegal and thus void
2.daughter of z has equal rights in her fathers property as that of a eventhough the child is a illegimate one
3.if its self aquired property of x then he is free to give it to anyone (even to third persons)
4.through will or through gift deed

Offline Reetu Joshi

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Re: Second Marriage
« Reply #3 on: February 22, 2015, 10:07:10 AM »
M.Bhadra & Saravanan.S Thanks for your valuable advise.

Sir pls also let me know that apart from Gift Deed any other option or legal way to transfer the property in      B's (Daughter of second marriage) as gift deed or registered deed which involves extra  cost of  5-8% of total  value of property.
Sir, Someone told us to go for  Transfer Deed as it doesn't involved any extra cost. We we are not aware that Transfer Deed is legal valid document in future.

please advise

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Re: Second Marriage
« Reply #3 on: February 22, 2015, 10:07:10 AM »


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