Claim of child in property after mutual consent divorce (property law)
K C Mishra
(Querist) 26 February 2016
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 a child (girl) claim right in Father self acquired property/buying 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/buying property and ex-husband parents property under the provisions of law?
Kappil Cchandna
(Expert) 26 February 2016
Sir,
I feel the child can claim the share in the ancestral property but not in the self acquired property.
Wife cannot claim .
Warm Regards
Kapil Chandna Advocate
9899011450
K C Mishra
(Querist) 26 February 2016
Sir,
Currently buying property is in My Father's Name. So if those buying property can be transferred it to my name, still child (girl) can claim the share or not?
Santosh Goswami,Advocate
(Expert) 26 February 2016
Under divorce petition, settlement is for the maintenance of wife. Therefore, child still retains his right to property. But let me clarify that child can clam a share in your ancestral property only not in self acquired or would be purchased property. that's it.
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Rajendra K Goyal
(Expert) 27 February 2016
Child has right in the property of father after death of father if expired intestae.
K C Mishra
(Querist) 03 March 2016
Want to know, Buying Property is in my Father's (i.e. Child's Grand Father) Name . Is that property falls into/called as ancestral property and is my child has any rights to those property.
If yes how can it be saved.
