pankaj (self) 27 February 2014

Minor rights after mutual divorse

Hello Sirs,

I got divorse yesterday under mutual concerns yesterday.

I was totally cheated as my marriage lasted for 3 months and dragged for 3yrs and I have to pay a heavy cash as they started threating to my family. I have to take loan from my uncles and relative and sell my property and make this arrangement.

I paid 23 laks to my wife and 9 lakhs fixed deposit to my daughter until she attains majority who is 2 yrs old as permanent alimony and one time settlement to my so called wife and daughter.

1.Will my daughter can claim in my father's property and my feature property even after paying this heavy amount ?

2.If my wife gets re-married even after that will my daughter will have rights ?

3. My father is alive now, How should i nullify my daughter's right in my father's property and my feature property.

If I am missing any thing please advise on this.

I dont want my daughter to have any share in my property or my father's property even if i get re-married or I do not get re-married.

I am fully depressed as of now as I am currently working, if marriage causes this type of damage, I am ready to spend my life like a bachelour without going for second marriage.

Thanks you all, please share your ideas for my better feature.

Reply Follow

6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 February 2014

No need to pay in future, once the permanent alimony fully paid as per court order.

Ranee....... (NA) 28 February 2014

You daughter will have right on your father's property.

If you are not willing not to give self earned property to your wife then you can make a Will.

Biswanath Roy (Advocate) 28 February 2014

So far your self acquired property is concerned you can dispose your property as to your own decision in any manner whereas your father's property shall be treated as ancestral property and your daughter has claim over it even after your wife's remarriage.

Biswanath Roy (Advocate) 28 February 2014

s bahadur (Student) 28 February 2014

An ancestral property can be claimed by an offspring.

Hence if you and your parents desire the same as you state above, they need to will or gift any self-earned property that they have to you. This step would render the property in your hand as 'non-ancestral'. I do not know if older ancestral property can be protected though.

Property earned by you and any 'non-ancestral' property you can always be dispose as you wish. Only in absence of a will or gift the offspring can lay a claim to such 'non-ancestral' properties after your demise.

T. Kalaiselvan, Advocate (Advocate) 02 March 2014

The self acquired property of your father will not become an ancestral property to your daughter neither she can stake claim over your self acquired or property inherited from your father's self acquired property by settlement, gift or intestate succession etc. You daughter may acquire rights over your property in the later stage only when you leave all your property without disposal arrangement of the same before your departure to heavenly abode.