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(Guest)

Property-to-sons-after-divorce

Dear Friends,

A-Husband

B-Wife

C-Other Woman


A got Ex-Parte  Decree of Divorce in the year 2007 as B did not follow up the case, as B got frustrated roaming around courts for many number of years and ignored the case with intention to live peacefully thereafter without A.


A married an C keeping the ex-partee decree of divorce as evidence and she has a daughter who is adopted by C before her marriage with A.  (and that daugther was marred and that marriage was performed by A with all financial assistance by him)


B got 2 sons by A and are minors at the time of above-said divorce decree. (Now 2 sons are majors as of date)


1) Now, question is whether the 2 sons, do they get share in whatever the property A possess


2) A sold one land property to his brothers, can that be challenged in the court of law as 2 sons as reversioners.


3) A is a government servant who retired, do B or her 2 sons has a right in pension and other benefits of A.


Friends please give me info for the above questions.


Thanks in advance.

Sharath



Learning

 2 Replies

Subash M R (Advocate)     19 July 2014

1) Legitimate or illegitimate children are entitled to get their father's property.

2)Property sold was self acquired can not be questioned.

3) Definitely.

Thanking you,

1 Like

T. Kalaiselvan, Advocate (Advocate)     20 July 2014

The children of B are entitled to a rightful share out of A's share in his ancestral property but they do not have any right in the self acquired property of A during his life time and it should be intestate after his death for claiming a share in it.   B has no right to a share in his property because of the fact that she has been divorced and A has married another female. B or her sons are not entitled to family pension after the demise of A in any manner because of the fact that A has legally married C after legally divorcing his first wife.

1 Like

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