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Lakshminarayana reddy   04 May 2017

How get 36 years back divorce papers

Hi,

My grandmother took divorce from grandfather 36years back (not sure exact year), recently she passed away, now problem is my grandfather claming her property belongs to him, we dont have divorce pepars how can we get divorce papers now ?

 



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 10 Replies

Anjuru Chandra Sekhar (Advocate )     04 May 2017

If property is in her possession, for more than 12 years it becomes her property by adverse possession. Evidence of relatives is crucial to prove fact of divorce. They must depose that she has not been living with him, nor in his care for over 30 years. 

Kumar Doab (FIN)     04 May 2017

It is believed that all of you are Hindu.

Confirm!

Kumar Doab (FIN)     04 May 2017

Tell him point blank that he had divorced his wife (now deceased).

Your relatives can vouch for it.

Let him state in writing, under oath/before court/authority that he had not divorced his wife.

 

Inquire from relatives etc the place and year.

Make inquiries in court.

Try to get certified copy.

Local counsel of unshakable repute and integrity and specailizng in Family Matters can help you.

1 Like

Lakshminarayana reddy   04 May 2017

Thanks for your suggestions, definitely relatives will support. 

what is the process to get certified copy ?

 

 

Thanks

Lakshminarayana

Kumar Doab (FIN)     04 May 2017

Checfk with copying branch.

It is very old matter.

Your own local lawyer can help.

 

 

 

 

 

whatnot   04 May 2017

Who has death certificate of decesed?

If he was staying with her at moment of her death, he should have signed it.

If push comes to shove, just be firm and put a date of application of separation/divorce..

Let the court decide otherwise.

 


(Guest)

I will only one question how to get 36 years Divorce papers from Hon. Court ?

Judgement and Decree are permanent record of the Court, You need to appraoch the court where divorce decree they got. Till now the record may be shifted to some Districit  record room or some where , that place you have to locate once you go there , take help of peon , additionally registers you have to check or some advocate / clerk with their help you get it checked , mostly they are arranged as per date of judgement and/or decree with their help trace it . Once you trace it then you need to apply to Hon. Court for certified copy and you get it . But here the problem is that divorce is between couple and you were not party so you need to properly explaint to Hon. Court why we require the paper since such paper are not given to outsider specally divorce realted matter, because it is private life of couple or family. This work advocate can do properly . 

To get old paper is not that tough but you need to take help of peon clerk and latter advocate. 

If you take help of advocate he too at end require to take help of peon and clerk of the court 

Kumar Doab (FIN)     05 May 2017

The relatives can provide you with date/month/year/court details.

Thereafter try and get the certified copy of judgment.

Anjuru Chandra Sekhar (Advocate )     06 May 2017

High courts of State make Rules relating to Desctruction of Records, for themselves and also for Civil and Criminal courts subordinate to them.

 

Documents are classified as A,B,C etc and some documents are permanently preserved, some are preserved for 60 years, some for 30 years etc. There is no uniformity in these rules because different high courts give different periods of preservation. 

 

If the Act says divorce decree comes under such category of records which is to be preserved for 40 years, you may get it. If it is laid down to be preserved for 30 years, you can't get it.

Kumar Doab (FIN)     06 May 2017

You can benfit from all posts in the thread.

Try yourself or lean on local counsel.


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