Husbands claim without divorce
santosh Pawar
(Querist) 04 September 2012
This query is : Resolved
Sir,
My aunty ( father’s sister ) got married in 1955. But after 2 to 3 years due frequent disputes with her husband, she got separated from her husband and started staying with us. After that she never went to her husband nor any compromise took place between them. But officially there was no divorce case filed or any paper work done which shows that they were separated. But her husband got married to another women and they have two sons, while my aunty did not have any child from her marriage.
Now aunty died 2 – years back in 2010, while her husband is till date alive. She is having some bank balance ( in Lakhs ) and some house property in her name. She got the said house property from her father. Also the money is given to her by father.
Sir, my question is whether her husband is legally entitled to claim in her property. She has received all her property, money etc. from her father.
ajay sethi
(Expert) 04 September 2012
since she dies intestate husband will inherit her property . she has not divorced her husband .
Naresh Kudal
(Expert) 05 September 2012
YES, her husband can claim her properties.
Raj Kumar Makkad
(Expert) 06 September 2012
I think after the passage of more than 57 years, none from her matrimonial house might have approached her. Even her ration card might have been of the place where she was residing prior to her death and even the event of marriage might not have been entered in the bank account. If she has not been shown as married then it is better to get succession certificate by you or any of your family members and get the whole property transferred in your name but if she has been shown as married then you have no other option but to handover all to her husband.
