(Querist) 26 December 2015
This query is : Resolved
I am 38 years old and divorced person. I will be getting married to a divorcee very soon. My would be wife has a son from her 1st husband. The full custody of this son is with her 1st husband. The divorce took place 8 years ago. Since the divorce neither my would be wife nor her 1st husband and son had any contact with each other. The 1st husband has also married 7 years ago. So the son also has stepmother. I have following queries. 1. What is the legal status of this son vis-à-vis my would be wife? 2. What are this son’s legal rights on my would be wife’s property she will make after our marriage? 3. What are this son’s legal rights on my would be wife’s property she will have as my Wife. 4. What are this son’s legal rights on my would be wife’s property she will inherit from my parents? Please reply.
(Expert) 26 December 2015
are they i.e your would be wife and her divorced husband got decree in a court of law? if decreed who is the responsible to the son? and you divorced by decree? if your would be wife decreed, and the son is with her 1st husband legally, then there are no rights to that son over the property if your would be wife gets property if any in future.
Rajendra K Goyal
(Expert) 27 December 2015
He would remain son of his biological parents, if not adopted by other couple through procedure.
The son can claim right over the property of parents.
Dr J C Vashista
(Expert) 28 December 2015
The boy shall have property rights over his father & mother and nothing from your property. However, if his mother (would-be-your-wife)acquire some property from her parents he (the boy) would be entitled for his share in his mother's sucession.
(Expert) 31 December 2015
I go with the expert Dr.J.C.Vashista.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts, Wish you all a very happy, healthy and prosperous new year. Regards Dr. J C Vashista, Advocate email: email@example.com + 91 98911 52939