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gangai (professional)     22 January 2016

Does divorce cancels property inheritance ?


Wife divorced the husband and it is thourgh legal activity.Kid is with wife. Does the share of the inherited property by husband's father  goes to the kid or get cancelled along with the Divorce?

What is applicable and not applicable to the kid referring to the husband's father's property?




 4 Replies

saravanan s (legal advisor)     22 January 2016

Kumar Doab (FIN)     22 January 2016

It is believed the husband/father, wife,child are Hindu.

The wife and child has no forced share in self acquired/self earned proeprty of husband of wife/father of child.


The child has share in ancestarl proeprty of father.

gangai (professional)     22 January 2016

Thanks for the reply.Yes all are Hindu.

I got the point that the child will have the share from ancestral property of the father(divorced husband here). Few of the ancestral property(husband's father's) of this husband had already been gifted to someone .(Not sure of its legality).

In this case , can the  child (stays with  divorced wife)  claim share from that gifted ancestral property of husband's  father? 

Kumar Doab (FIN)     22 January 2016

Your query in 1st and 2nd post is same and answer is same.

Obtain mutation record of the property(ies) and show to anable counsel specializing in family/revenue/property/civil matters and understand the options and merits, and once you are convinced proceed further under expert advise of your able counsel.




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