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daemon   16 November 2015

Childrens rights in fathers property post divorce and will

My parents are going thru a divorce. We have reached the issues stage as per my lawyer. My father has married sisters who are eyeing the property created during the period of marraige (living together) between my parents. They are living separately now for over a decade. I suspect my father is going to name them in his will. My lawyer says he can grant them his share of the property after the divorce settlement has come thru. What rights does a son and daughter have in such a case on the father's share of the proprty post divorce? How do we ensure that his sisters get nothing?



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 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

GO THROUGH THIS ARTICLE:

What will your children inherit 

 

You just got divorced, won your daughter’s custody and received a settlement amount along with monthly maintenance for both of you. For sure, you are feeling relieved after long years of dealing with the lawyers and courts. But you are also wondering whether this money will suffice for all the expenses your child and your future holds. You start walking down the memory lane: the day your daughter was born, and the first few years when you both dreamed of her education, marriage and future. You knew that you could give her all the comforts and the best of the education.

Whether you are a husband or wife, your children have right over your property, and why not? You both brought them in this world and you owe them a decent upbringing and a future.

Ranjani (fictitious) lived for eight years with her husband until one fine day, she was back at her father’s house with her daughter. After 4 years of court proceedings, she received Rs 15000 a month as maintenance, and Rs 18 lakhs as permanent settlement. That’s when she first questioned if her daughter will receive anything from her father’s property and their ancestral property: ” They have ancestral property worth crores of rupees, isn’t my child a rightful heir? One day I will go to the court and demand her share.”

This is something to think about: after all, the fight is between the couple, why should the children suffer? Not only are children eligible to inherit their father’s property but also their mother’s. You would be happy to know that the Indian laws clearly mandate that unless willed-out, children will inherit property from their parents and grandparents especially if it is ancestral. Most recently, a court in Mumbai made a custody decision in favour of both parents. The judge granted joint custody thereby making it easier for children to gain love and trust from both parents and encouraging easier inheritance from both.

 

 

daemon   17 November 2015

"that unless willed-out, children will inherit property from their parents "

This is the part I need protection against. He can will it out to his sisters. How do we protect our interests as children here? Why should his sisters benefit? The property has risen from sacrifices we made growing up, cutting corners everywhere.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Once divorced UR mother has a claim on the property of Ur father purchased during the period of marriage.U as children have a claim on the same property and also on the ancestral property inherited by Ur father.


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