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Ex-husband got one sided divorce do i still have share in his property


11-May-2023 (In Divorce Law)
My ex-husband died. I got one sided divorce. I am not aware also that I am legally divorced. I did not sign any papers. He sent a very badly cooked up story divorce notice and asked for divorce for which I did not reply nor took any action. Nothing in that notice is true. Since it had very unhealthy language I was scared to go to court. After that he got married to a different lady. He lived with her for 10 years. Now he died. I have a son who is 26 yrs old. He has some ancestral property. To whom it will go. I want justice to happen to my son. We are Hindus. I don't want my ex-husband's ancestral property to go to second wife. Please advise
Answers (4)

Answer #1
975 votes
Dear Client,
You engage an advocate at your area for getting issued a legal notice for partition of properties of your husband. How do you came to about the divorce. Why did you keep quiet all these years when your husband was alive. Why do you agitate now. Don`t put all these matters in your legal notice and simply issue notice as if you were not divorced woman. Get issued a notice for share of your son through him. You may also issue a notice, that you too got share in your husband`s share of ancestral property. What answer they will give, you see and project your case and try to get share.
Answer #2
682 votes
Thanks for approaching,
Your son is having a right in his father's property,and if you saying that you didn't went to court and not even signed on any paper ,so it won't be considered as divorce,
For further assistance do contact by mobile
Thank you.
Answer #3
764 votes
Hello,

As the ancestral property of your ex-husband would be considered as his self acquired property during his life time, your son couldn't have claimed the said property had your husband was still alive and now as your husband died and in case your ex-husband had died intestate (without writing any will) in relation to his ancestral property, your son and your husband's child/children from his second wife would have equal share in his ancestral property.
Answer #4
963 votes
Here your son is entitled to get share in the property. But what ever it may be you are saying that it is an ancestral property though the divorce is there between you and him your son is entitled for a share in the ancestral property. get all the required documents relating to the ancestral property and take necessary course of action.

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.

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