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Does divorced wife have any share on fathers-in-laws property


01-Jul-2023 (In Property Law)
I am planning to buy a property. The owner has died. 6 legal heirs are there. among the 6, one son had a divorce with his wife 20 years back. now this divorced husband also died. He has no children. his divorce certificate is there. now the share is for 5 or 6? Does divorced wife has any share on fathers-in-laws property?
Answers (3)

Answer #1
526 votes
Sir,
In the instance, divorced wife cannot claim share in the property. please note that Daughter in law has no automatic right to a property self-owned by the father in law, as long as it is not an ancestral one purchased with joint funds.
Answer #2
510 votes
Hi
If the wife has divorced and there are no children born to the divorced couple, then the remaining 5 legal heirs have to execute the sale deed.
So, the next steps would be to get a family member certificate for the owner and also the family member certificate of the deceased son.
Please enclose the divorce decree as part of sale deed.
All of the remaining legal heirs should provide you an indemnity bond (on a 100rs paper signed by the remaining legal heirs in front of a notary and a gazetted officer) and enclose the same in the sale deed.
Hope this helps
Answer #3
857 votes
sir,
the share will be five only. the divorced wife married second marriage. it is mutual divorce r contested divorce. the husband paid any permanent alimony. the divorced wife married second marriage their will be no issue. if she didnt marry, she can maintenance case against her inlaws.

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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