Leagl heir in case of 2 marriages

sara111

Hi,
an employee of our Co, who was earlier an Hindu and was married,
He got converted to Muslim and remarried again ,
My question is legally who is his heir ,
earlier Hindu wife or the existing one ,

For all statutory claims , he had earlier nominated his 1 st wife,
Will those nominations get passed on to his second wife,
pls advise.

sara :?:

Kuljit Pal Singh

Dear Friend

The Apex Court long back in the case of Sarla Mudgal V/s State has given judgement on the legality of such kind of marriage and conversion. The Court held that conversion merely to get married again still amounts to Bigamy and such second marriage is null and void. Hence, in your case the first wife only have the right of succession unless divorced.

Regards

adv.navin

There cannot be any better reply than of it,

Sarla Mudgal's case is the best suitable authority in the situation.

The person is in bagamous relation, His second marriage can't be validated.

For all practical purposes his first marriage is in susistance and valid marriage.

Regards

Adv Naveen Bhardwaj