• My estranged in-laws are not giving me husband's death certificate

I am 39, and I have been estranged from my husband since 2010. I have two sons, aged 10 and 8. My parents have also passed away. My husband has never even visited me since 2010, nor paid a penny ever. Whenever I have tried calling him, he has threatened me with dire consequences and even threatened to kidnap the kids. So I have never been able to muster the courage to seek divorce or alimony. I have very little backup support both financially or socially. 

Last year, my estranged husband died in a car accident. I found out through a common friend and confirmed the death from the hospital where his post mortem was done and police station which conducted the probe. 

The Investigating officer apparently handed over the post mortem and morgue report to my mother-in-law. But apparently, they havent applied or procured a proper death certificate yet. Now when I approach my in-laws to give me either a death certificate, or give me the police documents so that I could apply for one, they are refusing. This has put my life and my children's life in a fix. Unfortunately, my husband and in-laws never got our marriage registered. But I have all marriage photographs as well as the temple priest's signed and stamped certificate (not Arya Samaj). That's why I am not able to legally claim my status as his wife now. But I need the death certificate to claim my status as a widow. I feel helpless.

Please advise what legal remedies I can have, within the meagre resources I have. I dont need any money or my husband's assets. I just need the death certificate to legally declare myself a widow.

Kindly help. 

Ruchika
Asked 4 months ago in Family Law from Meerut, Uttar Pradesh
Religion: Hindu

visit the police station and request IO for assistance in obtaining post mortem report 

 

2) then apply for death certificate of husband 

 

3)you can also  issue legal notice to in laws to hand over post mortem report to you so that you can apply for DC of your husband 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

Dear Madam,

be relaxed and have patience ,indian law is with you this time on your above mentioned matter,however its a common sense matter also that a wife and children becomes legal heirs after your husband death.

1.yes warisname and succesion is same thing succession certificate is necessary for entering your name in the property of your husbands,

2.file suit for declaration for the legal heir of your husband and you will get your children share also in your name as they are minor.

3.your brother-in-law is totally wrong and no one can deprive you from getting your husbands share in every joint property and self acquired by him.

4.your mother in law have no right in your husbands share also as she have her two other sons alive.

5.once you get succession certificate from court you will become owner in place of every property of your husband whether you know that property or not or entered your name in it or not,whenever in future you camne to know about such unknown property of your husband name you can claim it.i think you can get some records from registrar office but its difficult to find property with name search

Netravathi Kalaskar
Advocate, Bengaluru
3539 Answers
17 Consultations

5.0 on 5.0

Non registration of marriage dose not effect validity of marriage which will prove by pics, marriage cards etc.

You can directly get docuemtns of from police and from court. Apply for certify copy or under RTI, ask to provide certify copy of full file of your husband case.

IF any FIR filed ? nature of accident, third vehicle involved etc. Cause of accident in post mortem report. You will get everything.

After his death, you, children and his mother are class I legal heir of his assets and will inherit equally by 1/4th each. AS it is road accidental death so motor accident claim is also payable after adjudication by court to his legal heir and court will order compensation acc. to his income + future earning + loss of consortium and more other heads.

Death Certificate you will get from municipal office.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

See you can file an RTI before concerned police station taking the police report based on same apply before registrar of deaths and births to register the death and provide you with certificate.

Also you have legal.right over the property along with the kids so you can claim same.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

You can apply the police documents directly from police station or court and get yourself a status of widow. 

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

You can obtain the Death Certificate from the website of the local self government, just google death certificate UP state after entering the necessary details, it will the downloaded to the system immediately and with the print out you can apply for a certified copy of the same

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

1) wedding photos, invitation cards, pandit certificate are sufficient to prove marriage 

 

2) issue legal notice to in laws to hand over post mortem report 

 

3) if they refuse obtain court orders to direct them to hand over the report 

 

4) no DV case is maintainable as there is no shared household with in laws 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

See file a RTI through the post if you cannot travel in police station the police ought to reply same RTI. 

Further temple marriage is valid you have proof of marriage.

 

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

Yes you can file a domestic violence case against mother in law and take direction of the court to provide the same

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

As i said, non registration dose not invalidate marriage.

Copy of PMR handed to her, originals stays in court record. 

DV case Not maintainable now,

And you are troubled by yourself, your problem has very easy solution.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

you can contact local lawyer from MP in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

Marriage certificate is not the absolute proof of your marriage.

The evidences to prove your marriage like wedding invitation car, photos and other relevant records are sufficient to prove your marriage.

You can visit the concerned police station and obtain copy of the reports they have and obtain a death certificate from ther authorities concerned on that basis.

After that you can claim his properties and other assets he has left behind for you and your children as his legal heirs or successors in interest.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

1. They are sufficient to prove your marriage hence you need not be worried on that aspect 

2. You can get the copies by filing an application through RTI act also.

3. There is no domestic violence in your statement, however you can issue a legal notice to them seeking the reports they have or to face court of law consequences.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been denied that very basic rights of yours.
  2. You have the two options, first is that you either file a civil suit before the civil court of law to get the copy of the documents or file a Writ petition in the form of Mandamus in Hon’ble HC seeking the same from police as well as the in laws by making both of them party in the petition.
  3. And then you don’t have to go to other state, you can file Writ here in your state also.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

Dear

1) If you have marriage certificate from arya samaj and marriage photographs then your marriage is legal and you don't need any other marriage certificate. 

2) you can get the copy of postmortem report and FIR by filing an application under RTI act police will provide you the copies.

3) you can get death certificate from the medical where the postmortem was done. 

4) you should meet a lawyer and file a MACT (motor accident claim petition) Claim to get compensation for your husband death. 

 

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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