Property division denied saying that divorce not valid of late brother
We 3 brothers have an agricultural land in our name. Last year one of our brother committed suicide within 3 months of marriage. Before suicide our brother and his wife signed an agreement for divorce on a normal stamp paper and got it notarized. After that we applied for mutation of property to the tehsildar which he denied as he said that the divorce is not valid and had to get the property mutated through court. Now we brothers want to transfer the property in our mother's name. What should we do and how should we proceed?
It is true that the divorce done by your deceased brother is not valid, his wife is now entitled for his share,if you want to transfer the same to your mother then you have to execute relinquishment deed in favor of your mother.
Please note the wife of the deceased brother also have to do the same,unless she does your mothers name would not be mutated.
If the wife does not agree then her name shall be mutated in the land.
The teshsildar rightly said that divorce is not valid. Therefore as per Hindu Sucession Act wife is legal heir of her husband and legally she has right on your brother share. However incase your brother wife agrees to signs a relinquish deed wherein according to said deed she agrees to gives her right to mother. Then on the basis of relinquish deed you can transfer the share in your mothers name
Advocate Sudershani RayKailash Hills, Delhi
It is true that the divorce done by your deceased brother is not valid,his wife is now entitled for his share,if you want to transfer the same to your mother then you have to execute relinquishment deed in favor of your mother,please note the wife of the deceased brother also have to do the same,unless she does your mothers name would not be mutated.If the wife does not agree then her name shall be mutated in the land.
Advocate Ritesh IsaacBengali Market, Delhi
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