Will in favour of both wives
My father has passed away. for the past 15 years, he practiced bigamy. He married my mother 30 years ago and married another lady 15 years ago. he would change his stay with either of them in the last 15 years. we are hindu.
there is a registered will that he had made. i dont have it but i have understood that he has given 50% property to my mother i.e. the first wife and remaining 50% to second wife.
i understand that legally a hindu can not marry twice but can he still give a major part of his property to his second wife? if not wife than can he still give it to her, not as a wife but as anyone else?
he has made documents to prove that his second wife is the first wife but can he really make a will in her favour?
Asked in Property Law from Greater Mumbai, Maharashtra
1) testator can bequeath his property to whom soever he pleases
2) he can bequeath his property to both his wives
3) no doubt the second marriage is illegal but your father could bequeath 50 per cent of his property to her
First check the nature of proeprty.
if it is ancestral proeprty then he can not give it to second wife.
However he can give his self acquired proeprty to his second wife.
So Will is valid as far as second wife is concerned.
In absence of Will his second wife could not have inherited an single penny from your father.
if the property is his self acquired property then he can execute a Will in her favor and as the Will is registered then now that Will can not be challenged.
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Advocate, New Delhi
If it was his own property your father can dispose the same in any maner and to anyone of his choice and desire.
The question is not about bigamy but it is about the testamentary disposition of his own properties.
There is no legal infirmity in his will by which he has bequeathed his properties between his two wives equally.
The problem will arise only if he had died intestate.