Minor child claim share in father's self acquired property


Respected Lawyers,

I have a boy(7 years old) from my ex-wife and a girl (9 months old) from current wife. I am going to buy property but before I buy the property I would like to know that

1. Can my ex-wife claim my minor son share in my property by approaching court by representing herself as guardian/mother ?

2. As my ex-wife is already rich having properties and my current wife is poor I want to buy property for my current wife and minor girl, how can I protect the property from the claim of my ex wife and son ? Please advise

3. Should I register the property in the name of minor girl or current wife? by doing this will my ex-wife and son can claim in the property in this (minor)age and even after becoming adult ?

Please advise what to do

Note:- Ex-wife took ex-parte divorce long ago, no one asked me about alimony or maintenance and I didn't pay any alimony or maintenance.

Please advise,

 

Thanks & Regards,

Nadir Shah

 
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subregistrar/supdt.(retired)

If you purchase a property either in your name or your 2nd wife (present wife) and daughter.  Your first wife or her son has no rights.  But your ex-wife may ask maintenance for her or her minor son.

 
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Retired employee.

The issue at present is status of self-acquired property:  The self-acquired property can be gifted to anyone during his lifetime, and through will and no inheritance law applies to the self-acquired property.

Contact a local advocate for drafting such sale deed without any scope for such controversy.

(Who was expartee in suit filed for  divorce, and maintenance are not issues at present)

 

 
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civil practice

I agree with learned shri Satyanarayanji.

 
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Advocate

You have divorced your (first) wife only, not the son and he is the legal heir to your property. This platform is not meant to suggest means to impose deprivations on the 7 year old son.

 
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Lawyer

Originally posted by : naady.nady
Respected Lawyers,

I have a boy(7 years old) from my ex-wife and a girl (9 months old) from current wife. I am going to buy property but before I buy the property I would like to know that

1. Can my ex-wife claim my minor son share in my property by approaching court by representing herself as guardian/mother ?

2. As my ex-wife is already rich having properties and my current wife is poor I want to buy property for my current wife and minor girl, how can I protect the property from the claim of my ex wife and son ? Please advise

3. Should I register the property in the name of minor girl or current wife? by doing this will my ex-wife and son can claim in the property in this (minor)age and even after becoming adult ?

Please advise what to do

Note:- Ex-wife took ex-parte divorce long ago, no one asked me about alimony or maintenance and I didn't pay any alimony or maintenance.

Please advise,

 

Thanks & Regards,

Nadir Shah

Q  1. Can my ex-wife claim my minor son share in my property by approaching court by representing herself as guardian/mother ?

Answer 1. Yes, she may claim maintenance for her son but not share in the property. However, after your death your son has a claim in the intestate (without a will) property.

Q 2 & 3. As my ex-wife is already rich having properties and my current wife is poor I want to buy property for my current wife and minor girl, how can I protect the property from the claim of my ex wife and son ? Please advise

Answer : You may get the property purchased and registered in the name of your wife or daughter, in that circumstances your ex-wife and her son has no right or claim.

You will have no right or title of the property It would be advisable to be sure that you will not be seeking divorce from your second wife also, since you will be loosing claim or interest in the property.  


Q 3. Should I register the property in the name of minor girl or current wife? by doing this will my ex-wife and son can claim in the property in this (minor)age and even after becoming adult ?
Answer: No, none of them have any right or interest and can claim out of property purchased in the name of second wife or her daughter.

 
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