In the Marriage cancellation deed dt 4-1-2001,registered under Indian Registration Act , both my brother and second wife has expressed that they can marry anybody(Age 48) as per their own wishes and they have specifically stated in page 3 of the document that there is no need for any compensation/award. As per the above wordings (1)I feel that the second wife cannot claim anything either pension or property including deceased's ancestral property.Kindly clarify.
This is yor wrong notion.
As this is not a legally valid divorce and since still remains his legally wedded wife, she can claim rights over his properties including his pensionary benefits.
The contents of this agreement, even if it registered, is not maintainable if she contests the same in the court of law.
While my brother was living with third lady in 2014 he had already effected a settlement deed transferring the House building with vacant site valued Rs.1 crore acquired by him at Chennai from his own funds in favour of third lady in which she is residing. The deed was termed as settlement and Rs.10,000/- alone has been paid as Stamp duty terming her as "wife"., if she is not wife Rs. 10,00,000 has to be paid as Stamp duty. As observed by lawyers that she is not eligible to be termed as legally wedded wife then (2)what will be the fate of Settlement deed ?Is it valid?
If the property was your brother's own property and the transfer of property was made by a registered settlement deed, then the same is legally valid even if it is proved that she is not his legally wedded wife. She may have to pay the difference in the stamp duty if she is not eligible for a settlement of this kind.
(3)Whether the third lady has got right on the ancestral property of my family when there is no child born through 3 ladies, After the demise of my father,the patta of our ancestral land stands jointly in my name and the deceased brother. The course of action to be taken in this regard may be adviced to me early as the third lady is threatening me that without her consent I cannot dispose my ancestral properties.
If your brother had any legitimate share in the property that is co-shared among the legal heirs, then his share of property shall devolve automatically on all his legal heirs, incidentally, the third woman claims herself as his wife and if proved, she will be his legal heir and thus entitled to his legitimate share in the property.
In that case you cannot dispose the entire property without the consent of the their lady.
You have to wait for the court decision if you file a mandatory injunction suit against her to not interfere in your possession and enjoyment of the property so that let she come with her claim for a share in the property based on the documents she may rely upon to prove herself as his wife and thus claiming a share in the capacity of his legal heir.
My brother was away from my family for more than 37 years ,not spending any paise for us, not attending my father and mother and sisters including hospitalization,death etc. My father and mother are no more. Kindly guide me.and save me, a person devoted my entire life for the welfare of my parents and sisters. He never spent any money even to the cremation of my parents. (4)Kindly advice me how to get ride of the third lady from demanding share on my ancestral properties.
These things cannot be claimed as an excuse for not giving her the share in the property as per law.
You may file a mandatory injunction suit to keep her away from the property as suggested, let she take her own decision to fight back or to compromise.