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ATUL KUMAR VERMA (advocate)     26 May 2023

Indian succession act for minors child when wife has taken divorce decree

If the wife has taken full and final alimony from her husband during the mutual divorce petition, custody of the minor's child, and all future maintenance and money. The wife has also given an affidavit that she will not demand and will not file any suit in any court for movable and immovable assets from Huband. Can after the death of their husband minors can file a succession suit through their mother


 2 Replies

Real Soul.... (LEGAL)     26 May 2023

Your children have right to ancestral property and that cannot be vitiated   however if you have any owned property and you do not want to give your children anything from that then you have to distribute your property in your life time or leave a will to that extent.

Divorce can be Scissor to husband wife relationship but the relationship with children is  inherent and existing.

1 Like

Advocate Bhartesh goyal (advocate)     26 May 2023

Yes, even mother at the time of divorce had abandoned the right to claim in husband's  property, minor children can claim their share and rights in father's intestate  property.

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