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Rupayan Bhattacharya (Principal (Retired))     19 November 2017

Inheritance of properties of father who divorced the mother

Does the only son have any claim on the properties of the father who has divorced the mother of the son ? 



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 6 Replies


(Guest)

If he divorce your mom he would have made sure he wont kept any money or property in his name which you can claim.

You however are legally rightfullly bound to ask your share of property in your fathers ancestralproperty.  HOwever any self earned property cannot be touched or asked even by supereme court.

Advocate Bhartesh goyal (advocate)     19 November 2017

During lifetime of father son has no right to claim any share in the property belongs to father

Rupayan Bhattacharya (Principal (Retired))     20 November 2017

Thank you Mr. Goyal for your speedy reply. What happens after the death of the father, will the son of the divorced wife have something from the father's side ?

Vikas Hedau (Advocate)     21 November 2017

Absolutely son of divorced wife will get share in property of deceased father as he is natural son of him, moreover if he had done second marriage then shares will be divided equally among his new wife and son of divorced mother and if he has childrens then  more equal shares

Kumar Doab (FIN)     15 July 2018

Which personal law applies in your case?

Are you all Hindu?

The estate/property in question is self earned/acquired, ancestral?

Confirm!

Kumar Doab (FIN)     15 July 2018

 

Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

The divorced wife ( as per court decree) is no more wife.

The biological son from divorced wife is still a ClassI legal heir and thus has equal share in self earned/acquired estate/property left un-disposed by his deceased father and ancestral property..

Being ClassI legal heir he can even contest say;WILL if any left by his deceased father.


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