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Rajendra (Hr Executive)     24 April 2015

Divorce

Respected All, My friend have one quire about her mother divorce. In May 2000 his father and mother got mutual consent divorce on 100 rs stamp paper. But they register that document front of sub-register. He want share his father property.

My question 1) can he suit file in court about property?

2)and is it this document is legal and valid in eyes of law?

3) Can court accept them divorce?

Thank you



Learning

 4 Replies

Adv k . mahesh (advocate)     24 April 2015

mutual consent divorce can be settled through court and there is a procedure for everything and mutual consent divorce what you stated is not acceptable in the eyes of law

how come sub registrar had accepted it i could not know

better to meet a local lawyer in your area and discuss with him the aspects and decide about filing for property also

Adv. Chandrasekhar (Advocate)     24 April 2015

The divorce settlement has no legal validity.  It has no relation to your seeking property share in the father's property.  If it is his self acquired property, you do not have any share unless he gives a part of it to you via registered deed.  Or if it is ancestral property, being a legal heir you will be having share, irrespective of the validity of divorce document.

richardjohnson   24 April 2015

In mutual divorce, the husband and wife settle the financial separation aspects on terms that are acceptable to both. The mode and details of the settlement are in their own hands. A divorce settlement can include any or no asset and money.

Rajendra (Hr Executive)     27 April 2015

Sir, Thank you all...


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