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Shashikant (Self employed)     23 May 2014

Husband died before the decision of the divorce petition

Brief -

Husband filed divorce petition at Nagpur when wife was in Pune. Before the judgement of the
divorce petition, recently husband died at Nagpur. There was no issue out of the wed-lock and the father and
mother of the husband are no more.


1. Is it necessary for the wife to obtain the succession certificate?
2. If yes then is it possible for the wife to obtain the certificate from Pune?
3. To take the flat possession of the husband at Nagpur what is the legal procedure?
4. Husband had obtained interim injunction from Family Court for restricting wife to enter the matrimonial home,   Whether this injuction will get automatically cancelled or wife has to submitt the application before the
   family court?



Learning

 1 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     23 May 2014

I think Nagpur court has jurisdiction for letter of administration and heirship certificate about the property...

You have to inform the court about the death of husband, injunction order is not automatically cancelled...


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