rashmi 24 April 2016

Married or not?

I got married in 1999 and we had a daughter in 2001. We did not apply for marriage certificate. In 2008, we were separated and I had filed for divorce under DVA, which was finalized in 2009. However, during this entire tenure, my husband and I have remained on civil terms, including taking vacations together and attending family functions too. In 2011, he pressured me to get back together to which I agreed.Since then we have been again living together despite legally being divorced. He has passed away intestate in 2015. Now the government says we are legally divorced and I do not have any claim over his property. We have bank loans for which I am co-signee. I would like to know where our daughter and me stand in inheriting the ancestral property which is currently in my husband's name. I have applied for legal heir certificate including his 82 year old mother, which is in pending in court.

Reply Follow

6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 24 April 2016

Yes. I agree with the reply of Mr.Ranee.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 24 April 2016

YOU MAY KINDLY NOTE THAT . 1. YOUR CIVIL SUIT FOR SUCCESSION CERTIFICATE IS PENDING BEFORE THE COURT.SO KINDLY WAIT AND LET COURT DECIDE THE MATER. YOU MAY STRONGLY PUT UP YOUR CASE AS YOU WERE RESIDING WITH YOUR HUSBAND AS HIS WIFE AGAIN AFTER DIVORCE. YOUR DAUGHTER IS ALREADY LEGAL HEIR OF HUSBAND ONLY YOU HAVE TO PROVE YOUR CLAIM. SO PRODUCE DOCUMENTARY EVIDENCE THAT YOU WERE RESIDING WITH YOUR HUSBAND AFTER DIVORCE . SUBMIT IN SAID COURT AFFIDAVITS OF WITNESSES AND ALSO OF YOUR DAUGHTER IF MAJOR. GOOD LUCK. N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT.

Vijay Raj Mahajan (Advocate) 24 April 2016

Now here first doubt that you have clarify. Is to what is this DVA under which you say got divorced from your husband? The D.V. Act if you are referring to is not the Act under which divorce is allowed by the Competent court in India. If you had Hindu marriage than the competent Act under which your marriage can be dissolved is the Hindu Marriage Act,1955 and that too by district court/family court by decree of divorce. Merely keeping misconceptions that in 2009 your case was finalized under D.V. Act and you got divorced will not tell about correct legal marital status. So better check the order and decree that was made in 2009 by the court to confirm about your divorce as you say was allowed and than only your claim for heir succession certificate can be confirmed.

JustAdvisor (IT) 24 April 2016

your mother in law and your daughter are both class I heirs as per Hindu Succession Act and they will share equally (you are excluded since legally divorced unless court decides otherwise). for bank deposits even if you are a nominee anywhere, you shall hold the amount in trust for them. for loans, if you are a co-borrower check whether the liability is joint and several and whether you are personally liable. if the loan is against purchase of an asset (eg house) is your name registered on the asset too? is it a depreciating asset like car or appreciating asset like house?

Sudhir Kumar, Advocate (Advocate) 27 April 2016

you have no right your daughter (even if minor) has rights.

Born Fighter (xxx) 27 April 2016

true facts of the cases are missing, there is more to what the querist has posted. Cant believe the story completely ....the querist says got married in 2001 but didnt apply for marriage certificate and then says got divorce under DVA act ..........confusing