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venkata Peddi (It consultant)     26 August 2014

Fake 498a

Hi All,

I have one more question, if Husband expires when 498A is running and all his property registered other then wife name, still wife can file case for property?

If husband expires when wife filed 498A case and after his death wife file case for husband family property, can Res Magistrate give Judgement in favor of wife and orders to share the husband family property to her?

Regards,

Venkat P



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 August 2014

Magistrate cannot order to give any share of property to the wife in a S. 498A case. A property case is basically civil in nature and will be tried by a civil court. If the marital relationship subsists during the death of the husband irrespective of the S. 498A case filed upon him then, the wife can claim her share in the property that belongs to the deceased husband as his legal heir.

venkata Peddi (It consultant)     26 August 2014

Res Archana,

 

Thank you for providing the valueble suggestion, if husband write a letter or promsary note stating that his wife Fake 498A is the reason for his death and he write all his property to his family members. Still court give property to Wife, who cheated husband for his property.

Is there no value for a death male letter or words?

Regards,

Venkat P

Adv Archana Deshmukh (Practicing Advocate)     26 August 2014

If the husband has made a valid Will, then the wife may not get anything.


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