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Ajit Fernandes (Manager)     29 April 2014

Child rights

I and my partner were in a live-in relationship and had a daughter before marriage.

We're married now and want to know how we should ensure all of our assets i.e. properties/bonds etc is passed on to our child....is she the legal heir to our property....

Also what happens if we have another child now. How is the property divided?? Do both children get equal share of the assets??

Are there any documents needed to be prepared and produced later??



 1 Replies

Tajobsindia (Senior Partner )     29 April 2014

1.    The child born to both of you before legal marriage is to be referred to as a legitimate child of yours before the eyes and ears of society that you keep. This is well settled in Law.

2.    In my opinion (assuming the queriest are Christians) The Indian Succession Act, 1925 will apply which recognizes equal succession rights for daughter(s) and son(s).

3.    Here I would like to draw your attention to a very famous case which was then settled by our Hon'ble Supreme Court wayback in 1986. Mary Roy, mother of famous writer Arundhati Roy (author of God of Small Things) and a Syrian Christian from Tranvancore, had challenged certain provisions of the Travancore Christian Succession Act as violative of Articles 14 and 15(1) of the Constitution of India. The Hon’ble SC said what I mentions in para 2.
Ref.: Mrs. Mary Roy etc.  Vs. State of Kerala & ors. {1986 AIR 1011 1986 SCR (1) 371 : 1986 SCC (2) 209 : 1986 SCALE (1) 250}

4.    However there is no harm if a WILL is drawn now by either or both of you as the case may be by consulting a seasoned local Advocate for the best interest of first child and next child concerning property – assets distribution of legal married couples.

 

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