Nagesh Prasad (chota puta kam) 05 November 2020

Ancestral property of the child after mutual divorce

Hi,

Both husband and wife got mutual divorce with the condition that neither of us with file case and claim each other property and their family property.

The child is staying with Wife. The condition was added both wife and child will not claim husband and his family property .

Is the child still eligible to claim ancestral property after this? Can the mutual agreement between husband and wife will debar child from the ancestral property which she might be eligible?

Can you please advice?

Thanks,

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6 Replies

Advocate Bhartesh goyal (advocate) 05 November 2020

yes, child has right to claim her/his share in ancestral property.condition in divorce agreement can't legally debar child's right. It's birth right of child which couldn't be taken away by any agreement.

P. Venu (Advocate) 06 November 2020

Yes, the child's rights in the property and the right to inherit cannot be extinguished by the terms of settlement.

Shashi Dhara 06 November 2020

Not only inancestral but in self acquired property of father died intestatethe child gets , ,no conditions bother.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 November 2020

CONSIDER THIS:
1. AGREE with opinion of all above Experts.

2. However, IF divorced Wife has re-married and IF Child was duly adopted by new Father's Surname, THEN said Child will lose ALL rights over his biological Father's properties, which includes Ancestral Property. Hence check on this one.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Advocate) 06 November 2020

However, in the case of adoption, it should be with the consent of the biological father. And, in my understanding, mere addition of the stepfather's surname to the child:s name does not amount to adoption.