Legal consequence for failed marriage


Background:
My younger sister got married in November 2013. It was arranged marriage with full family approval.
They have daughter born in December 2014.
As my sister went to that home she come know that he has all bad habits like Smoking, Alcohol Drinking, Tobacco Gutkha etc. and also he is not looking actively at his family business.
She informed this to my elder sister and but they kept it to themselves.
Later on in June 2016 my sister came to know he is under medication From 2011 (Well before marriage, which they did not reveal to us or our misfortune we could not get this information before marriage).
However in July 2017 he had drugs and my sister came to know about it and she left that home with daughter and came to us, and we got all above information.

We got complete psychosocial medical check-up done of him after some heated discussion with his family. And sent to her again with him hoping that there will be some improvement.
In between he got violent and 2-3 times he beaten my sister outside temple and at Diwali festival (Later confirmed he got panic attacks). Again she came to live with us.

After Diwali we got medical reports and its concluded that he has schizophrenia and OCD. 
We consulted Dr and asked is it safe for sister to continue this marriage, on which Dr replied give time to treat him for 45 days and then they will give decision.

Then tragic event happened he committed suicide at start of December 2017. Since then my sister never went to there home.
His death certificate only has name of his father, my sister name not mentioned anywhere. Mother-in law was deceased long back so her name was also not there.
Marriage certificate was also created after 3 years of marriage but now they are not giving copy of it and he are not having any copy of it.

I would like to ask, what will be consequence of it in case wife's name is not mentioned on death certificate of her husband.

Right now she has 
1. Adhaar card 
2. PAN Card
3. Photos of marriage ceremony

 
Reply   
 

Dear querist,

 

She is legally wedded wife of deceased has all right in assets of deceased.

For obtaining marriage certificate approach issuing authority, she has all right to obtained duplicate copy of same.

 

Now person who was causing problem is no more you can arrange meeting among elders of both the families and try to send sister to her matrimonial place.

 

In case there is more issue then legal doors are always open but that should be last one.

 

 

 

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
Reply   
 



Thank you Sir for timely resposne.

However I would like to know can they misuse death certificate where her name was not mentioned for any movable or immovable assets on his name.?

 
Reply   
 

For what purpose they can misuse.he has any assets or valuable ornaments He has any right in ancestral property . U says he was schzophizia patient and was not earning member of the family.they have married him for family pride only. Ur sister is sufferer.thing about future of Ur sister and her child past is bitter.contact local advocate &do family settlement.
 
Reply   
 

Thanks Sir for kind reply. Yes as far as we know there four properties jointly held by him and his father. Also behaviour of his family members towards my sister is not good since July 2017.

 
Reply   
 
FIN

Usually in case of Male name of father is mentioned on Death Certificate.

In case of married Female name of husband may be mentioned on Death Certificate.

Apparently there is nothing unusual in death certificate issued for deceased, as in query.

 For your satisfaction go thru; application for issuing death certificate that is avialble in Website/office of Registar of Births and death.

Probably you are confusing death certificate with Legal Heir certificate.

 

Which personal law applies in your case?

Are all involved Hindu?

Has deacsed left any undisposed estate/property that is self earned/acquired, ancestral.

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. left any valid WILL?

The property is in which state?

Confirm!

 
Reply   
 
FIN

 

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

You may understand the procedure.

Legal heir certificate is issued by LOCAL O/o Tehsildar. Some states may have online mode and procedure/process etc may be available on website.

Some states/authorities may even accept certificate issued by say; MC or even Legal heir affidavit.

The wife of deceased being Legal heir of deceased can apply for Legal heir affidavit/Certificate and also copy of marriage certificate.

Succession Certificate is issued by LOCAL Civil courts.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

 

 
Reply   
 
FIN

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, Religious scholars/leaders, etc and  find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Family/ Succession/ Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law… Family/ Succession/ Civil matters.

There are such very able counsels at each location.

Check at LOCAL; Civil Courts, HC, SC..

Discuss in person with your LOCAL counsel.

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/ Succession/ Civil matters.

Your counsel can examine the finer details of the matter and advise you in person.

Mother is guardian of the child after death of father and if she is taking proper care NO one else may succeed in claim of Guardianship thru court.

For courts welfare of child is of paramount importance.

 
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