LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

hemant (a)     21 March 2013

Property related

The Husband's mother has invested 90% and wife has invested 10% and purchased a flat. The couple has 4 children, the eldest is in 9th standard and youngest is 5-6 year old. Husband works out of India as teacher and wife works in Mumbai as teacher. Subsequently, Husband and wife has filed for divorce around 4-5 years back. The wife is not allowing the mother in law to stay in the flat although the first name is her's and she has invested 90% of flat cost. Instead, the wife is living with her 4 children and her sister in the flat. The Husband has been paying for maintaing the children and since the wife is also working, he is relived from paying maintenance to wife. Recently, the wife expired.

In the above circumstances, need to know: (1) the custody of the 4 children goes to whom? (2) What happens to the divorce proceedings now? (3) Procedure to change name of wife and replace in society?



 1 Replies


(Guest)

(1) Even after divorce, a father is bound to maintain his 'minor' children. So, if all are minors then naturally the custody goes to the father.


(2) If wife is no more, then divorce proceedings will be stopped. But Advocate of the deceased wife should duly inform the Court about it.


(3) I could not understand this question! Which society you are talking about?

If the flat was jointly owned by mother-in-law and her daughter-in-law then after death of the daughter-in-law, there is no need to change/alter/remove the name of the deceased daughter-in-law from the ownership. The mother-in-law becomes sole owner of the property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register