LawRato

Can wife claim on property if husband died fighting divorce


31-Jul-2023 (In Divorce Law)
Dear Sir, My brother-in-law(CHRISTIAN) was fighting divorce case with wife for the past 3 years. Unfortunately, he died last month with the process still on. Just wanted to find out whether there is some 6 months clause for divorce.Also, does the wife has claim over the property of in-laws and their son who is 16 years can claim anything from ancestor property as the bro-in law did not have anything in his name. Thanks. Subodh Sen
Answers (3)

Answer #1
566 votes
Wife cannot claim the right over ancestral property but his son can claim his right over the ancestral property of his family. Wife has only right over the property which was self acquired by her husband.
Helpful? LawRato37+ LawRato
Advocate Laksheyender Kumar

Adv. Laksheyender Kumar

LawRato Delhi | 100+ Answers
Chat with Advocate Laksheyender Kumar Chat 
Answer #2
505 votes
hello client , i have gone through your query you wish to know that you sister got married to a christian family,due to som ediffferences divorce case going on from last 3 yrs, all of a sudden husband died and divorce proceeding not got completed,as per normal case your sister have got full right along with the child who is of 16 yrs but in your case i have to see the divorce file of your sister that the divorce case have reached upto what extent so i can clearly tell you the answer.with out going through the file i can not tell you the accurate answer. Thanks
Helpful? LawRato43+ LawRato
Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
Chat with Advocate Vishwanath Pratap Singh Chat 
Answer #3
540 votes
Hello, It is safe to say that once the Divorce between the couple has not been finalised, the wife can have claims in her husbands property. However most divorces are factual cases hence it shall be more clear after gong through the facts of the present case. Thank you
Helpful? LawRato49+ LawRato
Advocate Abhishek Yadav

Adv. Abhishek Yadav

LawRatoDelhi | 25+ Answers
Chat with Advocate Abhishek Yadav Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato