25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aparajita Singh (ceo)     24 November 2010

Minor daughter's right in father's ancestral property

1.Can a mother claim for her daughter's right on her ex-husband(child's father)'s ancestral property?

2. If the father remarry and transfer this property in the new wife or kids name,can she still challange it?



Learning

 21 Replies

Suchitra. S (Advocate)     24 November 2010

Yes. She can claim the property of her minor daughter. She can even challenge the transfer made if any to anyone.

3 Like

Arup (UNEMPLOYED)     24 November 2010

1. yes.

2. yes.

1 Like

Vinoba (Advocate)     24 November 2010

Hello,

I endorse what Mme. Suchitra has said.

L. Vinoba,

Advocate,

Pondicherry.

1 Like

Viswanath (Student)     24 November 2010

yes

1 Like

Parth Chandra (none)     25 November 2010

what about the minor daughter/son's right on the mother (ex wife)'s ancestral property if he/she is living with the father?

Suchitra. S (Advocate)     25 November 2010

No rights for minor over its mother's ancestral property if she is ex wife of father. 

The property rights accrue only from natural parent or if the kid is adopted, not otherwise.

1 Like

Parth Chandra (none)     25 November 2010

Thanks Suchitra Madam...

So should I understand that..

1) Major or Minor son or daughter and even wife can claim rights on his father's ancestral property even if husband and wife are living separately/toghether/divorced
2) Even if father dies with a will that makes his self earned property to someone other than his ex/current wife and children....then also wife and/or children can claim maintenance from that third person who has got these property
3) No right of husband/child from wife/mother in any case whether divorced/separated/living together.
4) A wife/mother can write a will and give her selfearned/ancestral property to anyone except her husband/ex-husband/child and these poor chaps can't claim anything from that.


Please confirm if you think my above understanding is correct.

Thanks,
PC

hedevil hydraheaded (non professional )     25 November 2010

Isn't mother considered a natural parent along with father according to some recent amendment, I do not quite remember it but have read it somewhere? 

If mom is not one of the natural parents, who is she?

Suchitra. S (Advocate)     25 November 2010

@ PC,

Answers to your questions :

1.  Daughter and son of a man if living together or apart can claim his ancestral property.

If the wife is divorced, she can claim only maintenance till she gets married to somebody later. She cannot claim his ancestral property for her own. If her husband dies intestate, then she can claim her share in the property of her husband along with her children equally.

2. If the property is self earned one by the father :  No one have any rights over it if  a will is executed by the deceased. Even when he is alive, no one has any right over it. If he dies intestate, then his children and his wife will have equal rights over the property.

3. If living together or separated : A woman's property  if it is self earned, it will devolve as it is with a man's self earned property. So,by this,a husband has no share legally, in the salary earned by his wife.

If it is ancestral, then her husband and children have equal share in it. 

If she is divorced, then also her children will have share in her ancestral property but not in her self earned property. Her husband has no share in it. 

4. A woman's self earned property will have  her sole ownership. She can give that by will to anybody she thinks proper. Nobody has any right over it.

If it is ancestral property, then her children and her husband will have equal share in it. 

You have asked a huge topic in fact. I have tried to answer them in a simple way.

2 Like

Suchitra. S (Advocate)     25 November 2010

A mother and father are  natural parents when the child is born to both of them. If it is a step mother, then the child cannot have property rights from her self earned/ ancestral property.

Parth Chandra (none)     25 November 2010

Thanks a lot Suchitra Madam,

couple of last questions......If divorce has not happened but wife and husband living separately because of wife filing false cases....


1) Now if Husband's father makes a will for his self earned property and execute it in favour of Husband's younger brother to avoid any claim by errant wife of the first husband when he dies. Can wife or FIL's grandchildren claim anything from Husband's brother?

2) Similarly in this case if husband makes a will regarding his self earned property/PF/Bank a/c etc and execute it in favour of someone else other than his wife and child say to his brother (as he is 100% sure that when child would become major his brother would give that child all the wealth of his/her father received by him through that will)....Can wife (who is not divorced or even divorced then hasn't remarried) can claim any maintenance/share for her self or child from Husband's brother saying that the property originally belonged to her husband?

I would appriciate you answers on the above.


Thanks,
PC

Suchitra. S (Advocate)     25 November 2010

I told you, nobody can question the will made by the person in anybody's name from his self earned property.

1. So, in this case also, no one can claim it other than to whom it is intended.  

2.  It is quite clear from your query that you are intending to avoid paying maintenance. 

See, in case of your father's case, it is left to your father to execute a will in his other son's name. If your father does not will his self earned  property in your name, then your child will not have any claim in it.

If you execute a will of your self earned property to somebody, when the case is going on,then it is obvious that advocate for your wife will argue that you have executed the will to avoid paying maintenance to your wife or kid. The act is purposeful and you may  not have any defense. 

And also, she has every right to ask maintenance from you and your child is having a right to be maintained till he/she becomes a major. 

1 Like

Parth Chandra (none)     25 November 2010

Thanks a lot Suchitra Madam,

I am not questioning this because I want to avoid maintenance as I have only one self-earned property for which I am paying half of my salary to bank loan EMI......So If I would have to pay maintenance I would pay it for sure till I am alive and earning....

I put the question because I am a heart patient and also fear life-threat from my in-laws as I am not bowing to their illegal extortion demands.....hence want to make a will such that all my property/bank a/c/pf etc. go to someone trustworthy after my death (who would ensure that once my child becomes major she get all the property back by means of gift/deed etc.)......what I am asking in my second que. above is if I die afte making a will regarding self-earned property....can Wife still claim maintenance from the person to whom I ahve given my money/property saying that all these originally belonged to my husband.

Kindly revert if abvoe approach would ensure that my wife would not be able to claim maintenance/alimony once I die for herself or child?

 

Thanks,
PC

Suchitra. S (Advocate)     25 November 2010

Sir, Please understand that I do not know your position unless you explain it properly. 

Anyway, I have replied you quite explicitly as to what repercussions you may have to face if you execute a will now. It is true that your wife/child cannot claim the property if you execute a will of your self earned property. 

And please remember,maintenance is payable by the husband till he is alive/till she gets married to someone else after her divorce. She cannot claim maintenance after her husband's demise. 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query