Marrital status

robert (Querist) 29 February 2012 This query is : Resolved
Can a women who is never married according to any social marriage nor her marriage is registered with the marriage registrar, and just on the basis of an epic where a person's name is entered as the husband is a conclusive proof of the fact that they are husband and wife. And after the death of that person can she claim for the property left behind by that person. Please explain to me nicely. I will really be grateful to you all. Thank you.

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ajay sethi (Expert) 29 February 2012
how was the name entered in the epic?

you have stated that there was no marriage . if there is no marriage she cannot claim any rights for the property left behind by so called husband .

please note that mere non registartion does not invaidate marriage

Advocate Bhartesh goyal (Expert) 01 March 2012
If a man and woman live together in long term as husband and wife under one roof it presumes they are married.

V R SHROFF (Expert) 01 March 2012
"I will really be grateful to you all. Thank you."
WHY ONLY GRATEFUL,

ADVOCATE ROBERT:

YOU MUST SHARE FEES ALSO.

Laws protect her interests.

adv. rajeev ( rajoo ) (Expert) 01 March 2012
If other legal heirs denie that she is not the wife of the deceased, then burden lies on her to prove her marriage.

Adv.R.P.Chugh (Expert) 01 March 2012
Dear Querist,
Prolonged Cohabitation may in certain cases result in drawing of presumption of marriage. However there should be conduct on the part of husband that he took her to be her as the lawful wife...and entries in some places as husband or as father of children, is sometimes a relevant fact.

Kirti Kar Tripathi (Expert) 01 March 2012
If marriage was not solemnization in accordance with law, the same can be challenged by the affected person. But it is clarified that long co-habitation of a man and woman as husband and wife leads presumption of valid marriage.

Deepak Nair (Expert) 01 March 2012
Teh learned experts have given their valuable views on the basis of certain assumptions. The querist has not stated the facts. Whether there is co-habitation or not no body knows.
How the name of man got attached to woman's name? - Unclear.
Which is hte document or record where her name appears like that?? - Not known.
Querist says it happened accidentally.

In such circumstances, this query shall be considered as ACADEMIC QUERY.