How to claim husbands property after his death
16-Mar-2023 (In Divorce Law)
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
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.
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.
Step (2) Apply for certified copy of document.
Step (3) File a suit for recovery of possession and documents based on the information gathered.
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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