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SETTLEMENT CAN BE MADE TO ILLEGALLY WEDDED SECOND WIFE


31-Aug-2023 (In Property Law)
By executing a Divorce Deed (Marriage Cancellation Deed) with his wife a Hindu married another woman and transferred house properties in her name by way of Settlement Deed. Such a transfer of property is valid under Indian Stamp Act and Transfer of Property Act. Kindly clarify sir
Answers (2)

Answer #1
830 votes
I would highly urge you to file a declaration suit praying that the settlement deed be declared as null and void. Hold the position that a wife not legally wedded cannot come into the ambit of settlement deed. add the previous wives and their heirs as either petitioners or respondents. The Registration Office will register ever garbage you take it to its office, provided you pay a stamp duty for that garbage.
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Answer #2
945 votes
If the order of divorce was issued by a competent court and if that person remarried only after the court order, he could legally settle his property in favour of his second wife. The settlement deed is legally valid.
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