How to claim husbands property after his death

760 votes

Roopa 39 love marriage after marriage of 6 months husband infected with HIV no kids and lived with him for 12 years due to domestic harrement got divcores 2016 with life time maintains 20000 and his property attached to maintains order..he expired on 3rd March 2016 and now do i have rites on property and how do i claim maitains life long....his mother and bother alive and my lawyers have not done proper paper work in court. ..can u plz advice



ANs:

As a right over the maintainance, you can attach the property and claim the same as arrears, however, since you are not a wife you do not have a right as a wife over the property

Advocate Girish Kodgi LawRato

711 votes

In such kind of case, you can have the property transferred to your name through the execution of the maintenance order in the Court which had passed the orders and then if you desire you can sell the property and retain the lump sum of the sale proceeds for your future maintenance.

For this you will have to first file a execution petition in the concerned Court seeking attachment and sale of the property that has been attached for maintenance and post that you will have to get the ownership of the property and sell the same, if you desire to do so or retain the property towards permanent alimony.

Advocate Hemachandra K N LawRato

839 votes

If you have already got the order of attachment over the property of your husband, you can get your maintenance from the attached property by filing Execution Petition. In that Petition you can make your mother-in-law and brother of your husband as party. It is my opinion.

Advocate Dharmendra H R LawRato

885 votes

Sir/Madam,
You can very well obtained the certified copies from the SRO concerned, since the settlement deed is registered one, you can collect the said settlement copy by paying proper fees etc. with this your mother can claim her right.

Advocate B. Thirunavukkarasu LawRato

659 votes

Since your mother expired, her right over the property shall devolve to her Legal Heirs, ie to her children including you. But you were saying the property is possessed by her relative. I just wanted to know HOW? and On what basis?.. You can very well check with the Registrar office concerned and apply for the certified copy of settlement deed. Thereafter you can apply EC of the property and also go to village office and enquire in whose name property tax is paying now. If you need further assistance pl contact me. Thanks

Advocate Manoj Raghuram LawRato

541 votes

Step (1) Apply for an EC and find the document number.
Step (2) Apply for certified copy of document.
Step (3) File a suit for recovery of possession and documents based on the information gathered.

LawRato LawRato