It is necessary to peruse terms of divorce decree to advice
2) terms of divorce settlement can be enforced against legal heirs of ex wife
Does the divorce decree still apply after death?
In my divorce decree, my ex wife agreed to pay me out, in exchange for the house. we agreed on a amount, and also if after 6 months the house would be subject to sell if not refinanced. She passed away before this happened, now my ex mother in law is executor of estate, and is not only enforcing the part about the house, she has also said it is required by law to speak with my children. How much validity is in this?
Asked 4 years ago in Family Law
Religion: Other
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6 Answers
Dear Querist
If divorce was granted and decree was prepared by the Family court and in Decree it is mention that she will be the owner of the said house then her mother and children shall be the shareholders in that property.
If the children are minor then by way of court order she(Nani of the children) may get visitation rights and not otherwise if the children are in her custody legally then you have to file an application or petition for visitation right or appointment of guardian of the children under the Guardian & Wards Act before the Family Court of area where the children are ordinarily reside.
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Dear Client,
Once a divorce decree is passed, the stage of launching any petition under Section 13(1) does not survive.
Thankyou.
Your children are the legal heirs of your deceased wife hence they have to give their consent or they may have to give POA deed in favor of their grandmother in order to amicably settle the house proeprty as per the original agreement between you and your ex-wife.
Law is equal to all, you cannot deviate the procedures of law for your convenience.
If your ex-wife was alive then the question of the legal heirs/intestate succession will not arise in this situation.
- If the said decree already passed after the said condition then after the death of your wife her property can be claimed by the legal heirs .
- Your query not clear to reply in detail.
The decree is valid even after her death if her legal heir has share in her property. Her legal heir needs to pay the same & get it enforced
