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Curious (studying)     18 January 2014

Without will + lived seperately + death

I am a student. I want to discuss a case & Want answer from you.

Example: Husband-Mr.H & Wife-Mrs.W are living Separately since say 12 years(say from 1994). H tries many times to W to live together but there was no Response from her. Suppose H dies after some time(say in 2011) without will. 

what will be consequences,if he lives in a flat ( assume that no nomination being done) & now their relatives wants the flat. To add more Complications, I want to add that wife is not traceable. & H's brothers & sisters wants ownership of flat with mutual consent.

 Can we place a ground of divorce if she tries to claim on flat.I want to ask that can it be treated as divorce? because they are living from each others for atleast 12 years.



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     18 January 2014

You mean husband and wife had no childrens also , if the husband died without making will his wife , mother and children were the legal heirs , if her wife is not traceable or no one had seen her seven or more than 7 years , and they had no childrens , the mother of the deceasd is the legal heir if she already died then father of the deceased is legal heir of his property or if he also died then the brother and sister of the deceased are legal theirs of his property .

T. Kalaiselvan, Advocate (Advocate)     19 January 2014

Husband is presumed to have died intestate leaving behind his successors to succeed his estates.  If there was no  divorce during the life time,his wife is considered to be his legal heir and in the event of her absence, anyone who is trying to inherit the property has to prove her dead since since has not been heard of for 12 years and then the same person(s) have to prove that they are successors  to the deceased either as class I or II legal heirs. Then only it is possible to acquire that intestate property. 

T. Kalaiselvan, Advocate (Advocate)     19 January 2014

Class II legal heirs namely brothers/sisters can inherit the property on the basis of successors of deceased in the absence of any class I legal heirs.  Husband is presumed to have died intestate leaving behind his successors to succeed his estates.  If there was no  divorce during the life time,his wife is considered to be his legal heir and in the event of her absence, anyone who is trying to inherit the property has to prove her dead since she has not been heard of for 12 years and then the same person(s) have to prove that they are successors  to the deceased either as class I or II legal heirs. Then only it is possible to acquire that intestate property. 

ANAMIKA VICHARE (LAWYER)     19 January 2014

So far as my knowledge n experience goes.....the property urchased in any woman's name by anyone...becomes benami property n it cannot be laimed by the husband also, leave abt legal wife

....but....but....... this is special crcumstances, the legal wife should prove that itwas purchased out of his income only in that case, lower court may not grant relief, but in the appeal, High Court may grant some relief

 

Any experts pl thow light or correct me, if I am wrong

anamika_vichare@rediffmail.com

Purush Hakka Saurakshan Samittee

Ranee....... (NA)     19 January 2014

Divorce of a widow?  :D..........No!

If that couple was hindu then wife and the H's mother will get equal share in the property.If mother is not alive then wife is sole owner.


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