• Getting married in Europe

My wife and I were supposed to inherit a dead person’s farm two years ago (over and more like 2,5 years). Our dream was crushed. I should probably start making orange juice now. Must be a hit! ? 
Anyhow, we wouldn’t have needed any documents of our marriage then. Co-owning our farm is enough. Especially in Europe, we say. 
However, the question is, should or can we marry now, with all our hopes gone? 
We opened another question here on your site also related to a crime. (The farm not being in the list of belongings when the dead person - a parent and farm-owner - died two years ago.) But we will pay again. Thank you for being there. 
//Jane Jarmo
Asked 4 years ago in Family Law
Religion: Muslim

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16 Answers

You are at liberty to marry your wife 

 

you can register your marriage and obtain registration certificate as to proof of your marriage 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

For mariage it is not necessary for parties to gather ,watch belly dancing 

 

it is sufficient if marriage is registered 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You are at liberty to get married in India 

 

register marriage in India 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- Even after that incident of loss , you can marry with her if she is interested for the same. 

- If that dead person was not owner of that land , then you cannot lodge any complaint against him after his demise.

- Further, you both should not take that incident too serious , and can continue your life after registering the marriage in any country , where at least one of you are residing . 

- Like in India , one party can apply for registering the marriage ,and after accepting the application other party will be given 30 days time to present physically before the marriage registrar. 

- Further , for marriage registration in any country both identity or address proofs are needed. 

- Further, if you both are residing outside the country , then you can register your marriage there as well with the help of Consulate of that country. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Please contact a lawyer based in the county where you are presently located. 

We are not aware of the law and regulations of an European country. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Dear Sir,

1. Mere registration is enough in the presence of witnesses as required by Muslim personal law.

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

The marriage is not a bar here.

However the legal rights to succeed the estates of the deceased will lie on the legally recognised successor in interest of the deceased farm owner.

Even you both are married now and are legally married couple, either of you who are not a successor to the deceased owner cannot claim the inheritance rights to inherit the properties left behind by the deceased owner, however if someone of you inherit the property and pass away in future  then the surviving spouse may become eligible to inherit the estates left behind by the deceased spouse. 

If you both decide to marry now, then there is no embargo to prevent you both from getting married to each other. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

When you ar talking about living together as a married couple why do you think about dying?

If you both want to register your marriage as per Indian laws then you can get it registered in the Indian Embassy or Indian high commission located in the country of your current residence.

You may have to comply with the requirements to register your marriage under the provisions of special marriage act, 1954,.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You can get your marriage registered in the Indian embassy located in the country of your current residence after complying with the necessary legal formalities.

The marriage can be solemnised in a simple ceremony in the presence of few officials available in the Embassy office along with three witnesses from your side. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Inheriting a property without any legal way is booked as a crime. A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. The ritual of marriage is not merely a social contract but also establishes a bond of fate which binds a family together and lays down grounds for the future generation. Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place. Benefits of registration of marriage   

 

  1. No foreign embassy or consulate grants visa to a spouse without proof in the form a marriage certificate.
  2. In cases of divorce, legal separation, alimony, or custody of children, courts may insist on seeing the marriage certificate.
  3. It is an evidence in case of a second marriage.
  4. It is useful for reasons of succession to property.

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage. Marriage/'Nikah' according to Muslim Law is a contract underlying a permanent relationship based on mutual consent.

The Parties to a marriage must have the capacity of entering into a contract. They must be competent to marry. Muslim who is of sound mind and who has attained puberty may enter into a contract of marriage. The parties must be able to understand the nature of their act.

 

 

 

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

You have narrated a very pathetic background of yours.

While you are helpless to improve your condition, you may better acquire the property as a right  and may be after acquisition of the disputed property,  your lifestyle and the living standard may change and improve a lot.

Your marriage is neither a hindrance nor an obligation, it is your decision either to marry and continue the relationship with your partner or to continue this relationship which is not facing any problem so far.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You can get married if you love the lady and want to spend rest of your life with her 

 

register your marriage 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1) if farm was given as gift then was registered gift deed executed in favour of donee 

 

2) if your parents died intestate ie without a will property would devolve on legal heirs ie children 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- Criminal can trespass in the inheritance property but cannot claim a right legally the farm. 

- Gift deed having no consideration amount and always passed without mentioning any amount 

- Further, being the legal heirs even after demise of your parents can claim that farm , if that farm has been given as gift to your forefathers. 

- Firstly check the location of that farm , and further enquire about the gift deed if any was given in favour of your forefathers , and you can get the details from the Registry authority of the area where this farm is located. 

- Further , after getting the details you can file a suit for getting that farm. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Dear Sir,

1. Marriage is an intimate topic that we would not prefer touching upon. Although as a lawyer, I could tell you that legally marriage is a personal relationship between two individuals and that must and cannot be interfered by anyone. Marriage needs compatibility and common understanding between two individuals. More importantly, marriage serves as a companionship at the later stages of life to prevent you from feeling lonely. 

2. It is wrong to erroneous to depend and invest all your energy onto that farm. Please diversify your options and look at other sources of livelihood.

3. Please provide more insight on how the farm land was not availed to your folks, so we could look into the laws governing the same.

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

You can establish the fact that you are offsprings of your deceased parents and claim the inheritance/ownership of the properties left behind them as successors in interest.

You can file suitable lawsuits to establish your claim in this regard with the help of a skilled advocate in the local or elsewhere. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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