Custody of child
RAJESH CHOUDHARY
(Querist) 09 April 2013
This query is : Resolved
One of my friend has divorced her wife in the last year and now he has decided to marry a divorced women who is already having a girl child of age 3years.
My friend is ready to accept that women along with her child.
But what are the consequences if my friend gives his name to that child as a father.
Can he do so?
And in future can that girl(child) claim share in the property of my friend as a legal heir?
If yes what should he do in this case?
Please reply soon.
Devajyoti Barman
(Expert) 09 April 2013
Yes he can do but he would be her step dad only.
No, she can not.
RAJESH CHOUDHARY
(Querist) 09 April 2013
At the time of School admission the school asks for Birth Certificate and accordingly they mentioned the father's name in the school registered. How that can be changed but at the same time she should not be able to claim rights in the property.
Advocate M.Bhadra
(Expert) 09 April 2013
DNA on 25.09.2012
Stepdaughter entitled to property: SC
In a major ruling that can be viewed as strengthening the Hindu succession law relating to property rights of women, the Supreme Court has said that a stepdaughter is entitled to share in the property of her step-father.
A bench headed by justice HL Dattu dismissed a law suit filed by one Amrutbhai challenging a Gujarat high court order that had rejected his plea that neither his step mother nor her daughter, born of her first marriage, were entitled to any share in the ancestral property left behind by his father.
Amrutbhai started the litigation after the death of his step-mother and when her daughter laid claim in the share of his father. He said a stepdaughter isn’t a ‘real daughter’ of his father Devshankar Joitaram. She was in fact the daughter of one Manilal Mansukhram Suthar, the first husband of her mother, he said. “Hence, she is not heir of Devshankar Joitaram’’, he said and added she wasn’t one of the successors to the ancestral properties left behind by his father. Moreover, the property in dispute wasn’t the self acquired of his father, thus step daughter couldn’t claim a share in it.
But, the top court relied on the judgments by the trial court and HC that there was presumption of ‘marriage’ between his father and the step daughter’s mother, and by that logic she had equal share in the estate left behind by her father.
Raj Kumar Makkad
(Expert) 09 April 2013
Nothing to add now after reading the judgment of Hon'ble Supreme Court of India. Step daughter shall also be treated as of a real daughter.
