Right of the child of divorced parents

Vijay Kumar (Querist) 22 November 2008 This query is : Resolved
If the mother of the child gets divorce from her child's father after receiving the permanent alimony and then remarries and the child lives with the mother,

what will be the minor child's right in his/her father's property?

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smilingadvocate (Expert) 22 November 2008
Mr. Vijay

The permanent alimony is taken by the wife for herself even if it is taken by the mother for herself and on hebalf of thechild then also and further whether they receive permanent alimoney or nor the child gets equal rights and he is entitled to the rights in the father property

RAKHI BUDHIRAJA ADVOCATE (Expert) 23 November 2008
yes, obviously, he is entitled for his share of property.
for further querries u can contact me at:
rakhibudhiraja@gmail.com
b.-9871158578

Vijay Kumar (Querist) 23 November 2008
Thank you,sirs.
If the child starts using the name of his step-father,does his right of share in biological father's property still survives?

If the answer is YES, then at what stage, he can claim his right and under which legal provision he can get his share?

Regards.

arunprakaash.m. (Expert) 24 November 2008
At any stage he can claim maintenance from his biolagical father and he is eligible for a share in the property of the after the death of the father in respect of self acquired property of the father and he can claim ownership after attaining majority in respect of joint family property.

Vijay Kumar (Querist) 25 November 2008
Kindly tell,sir, that after attaining majority,what nature of legal proceeding the child should initiate against his biological father to claim his share in the ancestral property.

Suresh Kr. Mitruka (Expert) 26 November 2008
suit for partition with other relieves such as the injunction, and if necessary the appointment of receiver can also be prayed.

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