Property division denied saying that divorce not valid of late brother
14-May-2023 (In Property Law)
We 3 brothers have an agricultural land in our name. Last year one of our brother committed suicide within 3 months of marriage. Before suicide our brother and his wife signed an agreement for divorce on a normal stamp paper and got it notarized. After that we applied for mutation of property to the tehsildar which he denied as he said that the divorce is not valid and had to get the property mutated through court. Now we brothers want to transfer the property in our mother's name. What should we do and how should we proceed?
It is true that the divorce done by your deceased brother is not valid, his wife is now entitled for his share,if you want to transfer the same to your mother then you have to execute relinquishment deed in favor of your mother.
Please note the wife of the deceased brother also have to do the same,unless she does your mothers name would not be mutated.
If the wife does not agree then her name shall be mutated in the land.
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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