Partition suit
Geeta
(Querist) 16 June 2015
This query is : Resolved
I have got a contested divorce from my husband last year and minor child's (Son) legal custody is with me.
My grand father-in-law purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.
My query:-
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.
Anirudh
(Expert) 16 June 2015
Your child as of now has no right whatsoever in the said property which is in the name of your father-in-law.
Even after the lifetime of your father in laws, the property will get inherited by your ex-husband and then also your child has no right over the property.
It is only after the life time of your ex-husband (that too if he does not dispose of the property i.e. by way of GIFT or WILL or sale etc.) your child can inherit his share.
Dr J C Vashista
(Expert) 19 June 2015
Very well advised by expert Sh. Anirudh, I agree and appreciate his way of explaining the position vis-Ã -vis legal right of your son qua the property.
No room left to add.
T. Kalaiselvan, Advocate
(Expert) 27 June 2015
Yes there can be no more better explanation than what is given by learned expert Mr. Anirudh to the query, I too fully agree with his views and opinions.
