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Son rights on father property

(Querist) 22 July 2019 This query is : Resolved 
Hi All,

In divorce case, if there is flat on father name and divorce happened then in that case does son have right on father property? does some part of property needs to be given to son as son getting divorced ? Under which law ?

My understanding is son has only right on property after father death. Also if property is self acquired by father then it is the father choice to whom he wants to give the property.

If father dont want to give a property to son then what action needs to be taken ? registered will work ?
kavksatyanarayana (Expert) 22 July 2019
Ji, if the property is self acquired, it is his wish to give it to any one by way of Gift. Son has no rights over the property of father.
Ram (Querist) 22 July 2019
Does it applicable in divorce case in which father and son are getting separated?
Sudhir Kumar, Advocate (Expert) 23 July 2019
there is divorce between husband and wife. Father son are never divorced.

please state facts clearly.
Ram (Querist) 23 July 2019
If divorce is done between husband and wife, and son is with wife then in yhat case does father has to give any amount or share of his property ( self acquired property OF father ) to son now? Does court order to father to give some amount to son instead of property?

If father don't want to give property to son then what needs to be done ? If will prepared does it solve the problem?
Guest (Expert) 23 July 2019
In a Self acquired property of the father the children can not make any legal claims
Guest (Expert) 23 July 2019
Only the Maintenance claim could be made till they become adult
Hemant Agarwal (Expert) 23 July 2019
1. Son has no legal claim over his living Father's property, irrespective of any claims by ANYBODY at any given time, which includes claims by Son's wife /whosoever. Court has no jurisdiction to attach /divide Fathers property in such cases, PROVIDED father is mentally stable.

Keep Smiling .... Hemant Agarwal
Dr J C Vashista (Expert) 24 July 2019
I fully agree and appreciate expert advise of Mr. Heman Agarwal.
Not only self-acquired property the law is applicable for ancestral properties in the hands of father during his lifetime, it remain self-acquired.
Commissioner of Wealth Tax Kanpur Vs. Chander Sen judgment passed by Apex Court. may be referred.
Hemant Agarwal (Expert) 24 July 2019
Thank you Dr. J. C. Vashista, for pointing out the SC judgment. It would be useful for the readers.

Keep Smiling .... Hemant Agarwal

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