Dear Sir My youngest brother died 5 years ago in a Himalayan Glacier during trekking his body could not be recovered. Hence legally he is not dead on papers. As per law we have to wait 5-7 years to declare him dead Now I want to remarry his widow wife soon, she had a 6 years son from my brother The complication is that will this a legal marriage ? What about her rights in current family property, I don't want her to have any legal rights in current inlaws property What about her rights in new family along with her son, like a normal married girl. Which I would like If marriage will not a legal because of no death certificate due to the laws what is alternate as the boy who is going to marry her is good and unmarried (mean rista acha hai) Please help Tilak
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1) unless your brother is declared dead you cnanot remarry his widow
2) in case brother is declared dead his wife and son would along with your mother be legal heirs in respect of property standing in his name
3)widow has no rights on self acquired property standing in name of in laws
1. Try to get official report from the local Police authority where your brother is presumed to be dead. The Police can give the report that since the body of your brother could not be found, he is presumed to be dead.
2. On this basis you can marry your bhabhi.
3. Without this report your marriage with her may not be held valid.
4. once you marry she would be treated as your wife though she will inherit all the properties of your brother as his widow.
She has to first get her husband declared civil dead through a court competent and after that she as legal heir can claim the assets lying on his name.
Now she can't even remarry anyone till she is officially declared his widow
Thanks for replies - The problem is that She want to marry a person by end of Feb and our family is also happy for that. But what should I do a documentation or a kind of affidavit can help my family to prevent her from claiming any property after her marriage to that person. And also to protect her right legally after her marriage to that person
1)even after remarriage your sister in law would have share in her deceased husband property s legal heir
2) she would not have any share in her ex in laws property
3) your parents can execute a will bequeathing property to you
Any marriage contracted during the subsistence of previous marriage shall be null and void.
Even if she is getting a death certificate stating that he died before her proposed marriage, it can be treated as void because she do not possess a death certificate declaring him dead as on the date of her latest marriage.
This is law, she can either abide by law or can ignore law and flout the rules to achieve her desire, it is upto her.
Anything done illegally canot be established as a right if it is found to be illegal subsequently hence decide wisely before jumping into any hurried decision.