Husband died before the decision of the divorce petition


Husband had filed the divorce petition with malafied intention and wife had filed the case u/s 18 of HAMA. But before the decision of the divorce petition husband dies then what is the legal stand as a wife related the property of the husband and the liquid cash in the bank accounts specifically in the pension a/c. What would be the legal procedure to be followed by wife?

 
Reply   
 

since the decree of divorce is not yet passed status remain as wife and she is entitled her share in accordance with Succession Act.

 
Reply   
 



since the decree of divorce is not yet passed status remain as wife and she is entitled her share in accordance with Succession Act.

 
Reply   
 
Legal Advisor

1. The petition pending before the court gets abated. 

2. The Wife continue to be deemed as a widow. and entitled to all legal rights as legal heir  of her deceased husband.  

 
Reply   
 

1) Whether the Family court will grant the legal writes to wife? or the wife has to file the separate petition, if yes the which court?

2) Can the Family Court will decide about the possession of the flat, which is on husband name and also about the Pension the wife is entitled to get legally.

3)Husband had filed the divorce case in Nagpur and wife is staying at Pune. But before the decision of the divorce petition husband died then is it possible for the wife to file a separate petition at Pune?

4)It has also been found that the term deposit receipt which is in the name of husband and wife is prematurely withdrawn by the husband without consent of the wife than to claim that amout what will be the legal procedure?

 
Reply   
 
Freedom

in case the husband has signed a will than all the above answers go for a toss and the will would subsist as per the terms mentioned in it :-)

 
Reply   
 

If the husband is acquired property as self and if there is a will by husband, then alone it goes as per the will.  Otherwise the wife will get proper share as per succession act

 
Reply   
 

4)It has also been found that the term deposit receipt which is in the name of husband and wife is prematurely withdrawn by the husband without consent of the wife than to claim that amout what will be the legal procedure?

 
Reply   
 
advocate

Originally posted by : Shashikant

4)It has also been found that the term deposit receipt which is in the name of husband and wife is prematurely withdrawn by the husband without consent of the wife than to claim that amout what will be the legal procedure?

1.  first of all you have to file a petition with the death certificate to the court to dismiss the case 

2.  as already he had taken the amount from the bank now you have to fight with the bank if it is a joint account and what are the rules for premature withdrawal of the term deposit has to be seen from the concerned bank, without that rules cannot give correct answer

3. if there is no will and you are the only legal heir then you have to file in the local civil court to get succession certificate

4. if there is a will first get the copy and see if your name is not there then go for succession certificate

 
Reply   
 
Dy Director

whether  wife is named in PPO

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x