successor law

This query is : Resolved 
 

(Querist)
29 June 2020


My son;s wife left my son 8 years ago and after 6 months leaving my house she born a boy, now she is seeking divorce, will she have the right to my property even though I do not want to give any my property? Pl. advise me .


N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

Just let your son divorce her under Mutual Consent Divorce clearly stating all this in the Petition. Discuss in detail with your Advocate.

K Rajasekharan (Expert)
29 June 2020

Your daughter in law does not have any right in your property even if she gets a divorce, which is proposed and is in consideration.

But she she has right to get maintenance from her husband after the divorce, if it comes to fruition.

Anyone's right on the property is determined by the provisions of the law of succession in force pertaining to the religion which he belongs to.

Rajendra K Goyal (Expert)
29 June 2020

Your daughter in law will not have any right on your property after divorce.
If your property is self-acquired, you have right to bequeath a will / sell/ mortgage / gift / assign your self-acquired property in favor of anyone. Son’s divorced wife, newly born son cannot object on your decision.
If the property is ancestral, son born after leaving husband house has a claim on the property. DNA test can be asked in case of such claim / in case of any parental status dispute.

Dr J C Vashista (Expert)
30 June 2020

Your son's wife is your daughter in-law also, isn't it?
You have stated your daughter in-law stayed with your son for 6 months and gave birth to a baby boy, there after she left her matrimonial home 8 years ago, is it so ?
Your son and daughter in-law have applied /decided to have a decree of divorce, is it so?
She has no right, claim, interest or title in the property self-acquired by you.
However, the facts posted by you are unbelievable.


Rajendra K Goyal (Expert)
30 June 2020

You have the right to bequeath / gift / sell your self-acquired property in favor of any one you like.
It would minimize risk of undue dispute from wife / child of your son.

Rajendra K Goyal (Expert)
30 June 2020

You have the right to bequeath / gift / sell your self-acquired property in favor of any one you like.
It would minimize risk of undue dispute from wife / child of your son.

Rajendra K Goyal (Expert)
30 June 2020

Sorry, due to internet problem the post was repeated thrice, regret.

P. Venu (Expert)
30 June 2020

During your lifetime, no one has a right to your property. Legal heirs have only aright to inherit and the daughter-in-law, during your son's lifetime, is not a legal heir.

kavksatyanarayana (Expert)
30 June 2020

Your daughter-in-law has no right over your property. If she is divorced from your son, she may claim maintenance to her and her child.



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