claiming the benifits of decade's employed husband
GCM NAIDU
(Querist) 19 September 2015
This query is : Resolved
Sir
My sister got married in 2006. After a few months she was forced to leave her marital home. Since 2008 my sister at my house only.
In 2014 her husband came to my house and called all of us for divorce. We went to sub registrar's office. There he registered a divorce deed with sub registrar. In that deed he mentioned as " today onwards we are getting divorce. We don't mean with each other even after my death also". No legal document has been issued from court.
now her husband is expired recently. So can my sister become benificiary for decade's husband job and compensation.
Is the document issued from sub registrar's offices consider as legal divorce.
Kumar Doab
(Expert) 19 September 2015
Can a SRO register such deed?
Can such document issued from sub registrar's offices considered as legal divorce?
If yes then why the harried men/women are rubbing their shoes in courts of law for years?
SAINATH DEVALLA
(Expert) 19 September 2015
Who adviced U people to go to the sub registrar's office for divorce?At the first instance the sub registrar should be suspended for dealing and registering divorce cases.
Family Courts and Competent Civil Courts are the only courts who have legal authority to deal with divorce cases.
Registrar has no power to grant divorce.
A registered divorce deed means nothing, its just a piece of paper,not valid in the eyes of law.
Even today UR sister is the official wife of the deceased person, and hence she is the absolute heir to his compensatory job,pension and other benefits and also self acquired properties if any.
Rajendra K Goyal
(Expert) 19 September 2015
Agree with the advise of expert SAINATH DEVALLA.
Kumar Doab
(Expert) 19 September 2015
This query is also posted at:
http://www.lawyersclubindia.com/experts/claiming-of-property-561061.asp
