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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
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.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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Who are the legal heirs in Hindu law?
What are the legal heirs under Hindu law?
Can a husband claim his wife's property after her death?
During the lifetime of the wife, the husband does not have any rights over her property. When the wife dies, her share is divided between her husband and her children. Devajyoti Barman, a Kolkata-based lawyer, says that if the wife receives her share during her lifetime, then the husband will inherit it. 26-Oct-2023
What is the succession of female property in Hinduism?
The Hindu Succession Amendment Act of 2005, made the daughter a co-parent in a joint household, just like the son. The amendment ensured that both women and men would be equal beneficiaries of ancestral properties. All property will be passed on to children and husbands. 15-Feb-2023
Who is legal heir of Hindu married man?
According to the Hindu Succession Act of 2005, the legal heirs of a deceased Hindu man or wife include other legal successors that are Class I heirs. These are the types of property: Self-acquired Property: The wife inherits as the legal heir to the deceased husband.
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
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
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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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
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?
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49+
Adv. Abhishek Yadav
Delhi | 25+ Answers
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