Claim of child in property after mutual consent divorce
Gaurav
(Querist) 07 November 2013
This query is : Resolved
Dear Experts, Need your advise on below two queries:
1. After a mutual consent divorce and paying alimony to wife for her past, present and future maintenance and also a Fixed Deposit for child, can child claim right in Father self acquired property or their grand parents property after attaining majority (18 years) under the provisions of law?
2. Can divorced wife file claim on behalf of child in ex-husband self acquired property and ex-husband parents property under the provisions of law?
ajay sethi
(Expert) 07 November 2013
your son has no right on self acquired property of parents or grand parents . the said property can be disposed of as they please .
Gaurav
(Querist) 07 November 2013
Thanks Mr. Ajay for the response. The child in this case is Girl child of 4 years. Any difference it make being a Girl child?
Can she claim once she is 18 years?
Nadeem Qureshi
(Expert) 07 November 2013
Dear Gaurav
she can claim the property which is ancestral property of her father & not self acquired property.
the wife can file a partition suit on behalf of the girl/minor for her share in ancestral property.
feel free to call