On behalf of my Sister who is 2nd wife to the person who is passed away last week. having his 1st wife alive. now my sister is 5 month pregnant, we dont need any property the only issue is how will the new born will get his father name, as there is no document that says that man is my sister husband. my sister and her husband done marriage in Hindu temple and it was done in 16 august 2010. we have all document like Adhar card, pan card. postmortem report from govt hospital. please help what can be done so that at least we get any document from court that will give the baby who will come in this June his father name.
Hello,
doing a second marriage without dissolving the first marriage is not valid in the eyes of law and any baby born out of the said wedlock will be considered to be an illegitimate child.
Where is the first wife?
Is she aware about any such thing?
Will she make any claim?
Regards
She knows everything, and My Sister husband as property he is nothing with him. he used to stay with my sister from last 9 year in my sister house. and even last rites done from same house. whole Village knows this.
Hello sir , you can register their marriage under Hindu marriage act , before marriage registrar .. The marriage certificate shall be enough to prove thier marriage.. However , even in the absence of such certificate they are legally married and he cannot deny to be his father .. For further doubts you can get back to me .. Thank you
1) At the time of delivery mentioned the father name as what was original name of child father. No matter you have the documents with you or not.
3) You sister nay have any documents or photos or any evidence of his living as husband's for last 4-5 months etc. That will be sufficient evidence.
Hello,
I understand all such things, but in the eyes of law the son from the second wife will be considered to be an illegitimate child. However, as and when the child is born you have the liberty to use the name of the husband as the father's name of the child.
Regards
Children born in void and voidable marriages are also deemed as legitimate.
In light of the above, seek a declaration from the Court as to the effect that the father of this child is the man who passed away.
For your information, the child in womb of your sister will also be entitled to both the ancestral and self acquired properties of his father.
1)second marriage during subsistence of earlier is illegal
2) wedding invitation card , wedding photographs can prove the second marriage
3) she can in birth certificate of child mention name of biological father as the deceased person
your sister can mention her deceased husband as biological father of child in child birth certificate
The Child can take up the name of his father as he was his natural father also though the second marriage is void child is legitimate he/she can also claim the equal property rights being a natural born.
The Amendment Act of 1976 (Act 68 of 1976) amended Section 16 of the Hindu Marriage
Act, 1955. By this amendment, irrespective of whether marriage is null and void under
Section 11, any child of such marriage whether born before or after the commencement of
the Amendment Act shall be legitimate. Sub section 3 of this section also grants a right to
property of the parents, to such illegitimate children.
Under Hindu Law the illegitimate children are deemed to be legitimate and are
granted a right to inherit the property of their parents
In the birth certificate of this child, you can enter the deceased biological's father name.
In case they deny from issuing a birth certificate containing the name of the biological father, you can file a writ of mandamus in the High Court.
Oral, documentary and if required scientific evidence shall prove the father of the child. Even if the first wife is alive, the child is considered to be illegitimate and has rights over the father's property.
Though the second marriage is null and void, when the first wife is alive and the first marriage persists, the progeny out of the null and void marriage is perfectly legal and does get a share in the property left by his/her father. Your question suggests that you have all the documentary proof regarding marriage, Aadhar Card, Pan Card, post mortem report also must be in your sister's address, as her husband expired there.
To declare the would-be-born child of your sister, your can take all the documents and approach the district court through a local lawyer there and obtain a legal heir certificate from the court, which will declare the would be born child as that of his father and mother.
Means full proof is there if final rites are done in her house produce the death certificate. That will be sufficient.
Child born from second wife will have same right as of first wife child .Supreme court has conformed this stand .
So don't worry about that your sister child will have all the right.
Please file a suit for declaration seeking the court to declare that the dead person is your husband. Also you need marriage photos evidence of neighbour and.aadhar or ration card where his name is mentioned. Also you need marriage receipt of temple.
Respected sir ...
if you have the certificate under hindu marriage act then it is sufficent to prove that the person died is the father of that child ..sir mistake done by father as remarring with a ling spouse is fault of that men as well as your sister but there is no fault of that unborn child ...he or she will get the name as well as the share in property ...you just need to mention in documents of child that father of child is no more and he is haveing so and so name ..you might have to struggle for it a bit but u will get his or her all rights ...
Thank you
Dear Sir,
Your concern towards your sister's newly born child is appreciable. The following Act covers entire India. Thereafter the procedure for registering births being adopted in Bengaluru City. You may get registered the birth of new child as per the provisions of above act and thus create documentary evidence and then claim property of the seceased husband of your sister.
Registration of Births and Deaths Act, 1969
http://des.kar.nic.in/docs/crs/RBD1969E.pdf
13. Delayed registration of births and deaths (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified there for, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. (2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.
BBMP PROCEDURE
http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e
If you have photographs of the same. Try to get the affidavit from the preist who performed nthe marriage. You need to approach the court for the same.
The name of the biological father may be registered on his name in the hospital records.
Hospital authorities will not demand the marriage proof to record the father's name in the birth records.
Once the child is born, the hospital will furnish the details of the child including the names of the parents, which would be helpful to register birth with the registrar of births and deaths.
The name of the father would automatically reflect accordingly in the birth certificate.
She knows everything, and My Sister husband as property he is nothing with him.
he used to stay with my sister from last 9 year in my sister house. and even last rites done from same house. whole Village knows this.
She may follow the steps suggested in my previous post to avoid all legal hassles of the child and it future.