• Legal heir certificate

I got married in 1999 and we have a daughter in 2001. We did not apply for marriage certificate. 
In 2008, we were separated and I had filed for divorce under DVA, which was finalized in 2009. 
However, during this entire tenure, my husband and I have remained on civil terms, including taking vacations together and attending functions too.
In 2011, he pressured me to get back together to which I agreed.
He has passed away intestate. 
I would like to know where our daughter and me stand in inheriting the ancestral property which is currently in my husband's name.
I have applied for legal heir certificate including his 82 year old mother.
help appreciated. Thanks.
Asked 1 year ago in Civil Law from Kerala, Kerala
1) on your husband demise intestate your MIL , you and your daughter would be legal heirs 

2) you need letters of administration from court in the name of legal heirs 

3) mere legal heir certificate would not suffice 
Ajay Sethi
Advocate, Mumbai
37907 Answers
2124 Consultations

5.0 on 5.0

i thought you continued to be his legally wedded wife as you had used the words husband in your query 

if you are divorce you have no share in your ex husband properties . 

only your MIL and daughter would be the legal heirs 
Ajay Sethi
Advocate, Mumbai
37907 Answers
2124 Consultations

5.0 on 5.0

Did you remarry? Unless the answer to this question is in affirmative you are not his legal heir. Merely coming to live together under one roof after divorce does not make you his legal heir, only marriage does. Legal heir certificate cannot be issued in your favour unless you can prove that you had remarried your husband whom you had divorced.
Ashish Davessar
Advocate, Jaipur
21712 Answers
591 Consultations

5.0 on 5.0

Your daughter is his legal heir though, who has succeeded to his self acquired and ancestral property.
Ashish Davessar
Advocate, Jaipur
21712 Answers
591 Consultations

5.0 on 5.0

You and your daughter will get the share from his property.  after his death, you can not be declare dis entitle based on divorce decree.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
4456 Answers
200 Consultations

4.9 on 5.0

you can claim that you both are living together as spouse, your daughter has vested interest in the ancestral property of her father. you can file partition suit on behalf of your daughter. widow cannot inherit ancestral property as coparcener so you cannot claim partition in your name but you have right to maintenance out of the ancestral property. 
Shivendra Pratap Singh
Advocate, Lucknow
4716 Answers
67 Consultations

4.9 on 5.0

Your position and marital status as on the date of death of your ex-husband is 'divorcee' 
Since you have legally divorced him, you are not entitled to any share out of his intestate property.
However your daughter who is a biological daughter to your ex-husband, she is entitled to a legitimate share in all the properties lying on his name upon his intestate death. 
If your daughter is a minor by age, you will become a natural guardian to her and you can be a custodian to all the share of properties that she may inherit till the time she becomes major by age. 
Living together for the last five years of his life after divorcing him shall not entitle you to any share out of his property. 
If you had decided to live with him for rest of of his life, you could have remarried him, that is acceptable in law. 
T Kalaiselvan
Advocate, Vellore
27863 Answers
290 Consultations

5.0 on 5.0

But i am legally divorced. Although After divorce we have been living together for 5 years now.

Since your marital status is 'divorcee' you are not entitled to any share out of the properties that were left behind by him while dying intestate. 
You do not acquire the status of his widow hence you cannot legally claim any share in it. 
T Kalaiselvan
Advocate, Vellore
27863 Answers
290 Consultations

5.0 on 5.0

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