• Divorce and share in father's property

My father abandoned me and my mother during her pregnancy. After that we are living in my mother's home under partial care of her relatives and my father. But when i was 6 years old, from a local police police station he declared that he divorced my mother and from police station he gave some papers as proof of divorce attested by our local lawyers and my mother gave a sign in a white paper. The content of the paper was that 'me and my daughter never come to  you for any share and properties and to disturb you' but i was only 6 years old at that time and i am not bothered and i don't know anything about at that time. Now i am 18 years old and also i am not ready to abandon my shares and rights in my father's properties. Have my mother's signed proof have any value in this situation? Will i get my share from my father's properties.
Asked 4 years ago in Family Law from calicut, Kerala
Religion: Muslim
1) your mother can file complaint under Dv act seek maintenance from her husband . also seek right to stay in matrimonial home . this is based on presumption that no valid divorce has taken place 

2) for valid divorce it is necessary that divorce decree should have been passed by  court . 

3) customary divorce has no legal sanctity .

4) it is necessary to go through documents relied upon by your father regarding proof of divorce . 

5) if it is self acquired property of your father then you have no share in father properties . only if your father dies without a will would you get share in said property

6) your mother can inspite of divorce seek maintenance from her ex husband
Ajay Sethi
Advocate, Mumbai
45570 Answers
2677 Consultations

5.0 on 5.0

For valid divorce it is necessary that divorce decree should have been passed by  court .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

1. Divorce is granted by Court by passing a decree for it,

2. Decree is not passed from Police station,

3. Your mother can claim maintenance from her husband,

4. If your father has self acquired all his property, you can not claim anything out of it,

5. You can only claim your share from your ancestral property.
Krishna Kishore Ganguly
Advocate, Kolkata
18504 Answers
448 Consultations

5.0 on 5.0

1. Was a court notice of institution of divorce case received by your mother? Unless and until the divorce papers submitted to police by your father are perused we are unable to opine if the divorce is valid. A divorce unless stamped by a court of law is not a legal divorce.

2. Your mother can sue your father for maintenance for herself and also for you. Even if divorce is valid your mother can still seek maintenance from her husband.

3. The self acquired property of your father belongs to him alone. You have no right therein. However, if there is an ancestral property then you can claim an equal share therein by filing a suit for partition.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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