Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Minor daughter's right in father's ancestral property

Page no : 2

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 November 2010

 

Namaskar Suchitra Ji,

I want some advice on this issue, can you provie your email id or contact number.

regards

Suchitra. S (Advocate)     26 November 2010

Bhaskar ji, pl excuse me. I am too busy in my own preoccupations and hence cannot give my email ID or contact number. I am here in this forum to help people within my limitations. Please post your query in the forum and I will definitely do the needful if I can.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 November 2010

 

Namaskar Suchitra Ji,

Thanks for your response.

Can you through some light on the following:

A  (Husband) a widower with one child marries with B (wife) a divorcee with one child.

A is bearing all the expenses on house hold, education etc. of second wife's child from previous marriage.

B didn’t talk about legal adoption before marriage but after some time started insisting to legally adopt her child.

A requested to give some time so once the life is normal then adoption will be done or as and when the need is there. As presently B do not allow A to control the child properly but is insisting for adoption.

B fought on some issue and went with her parents to their house and now her parents and B are insisting for legal adoption else she will not return.

A is ready to give in writing that he will bear all the expenses even on higher education marriage etc. of B's child from earlier marriage but they are not ready and insisting on adoption first.

B at the time of her first divorce took around 20 lacs from her ex-husband and the same is lying in the fixed deposit and she has also started working and earning around 21,000/- per month.

A is trying his best to resolve the issue and is ready to do everything except adoption at the moment to save this relation but B and her family is adamant and don’t want to even talk before adoption.

A is ready to adopt to save the relationship but wants some time after she returns and stay amicably and give authority to A to guide the child then he plans to adopt.

After adoption will step father have say or biological mother still can rule and take child away and ask for maintenance for herself and child.

Is their any way to ensure commitment of B towards this relationship for a long term.

Please suggest the way forward.

Thanks

 

Suchitra. S (Advocate)     26 November 2010

Sir, after the adoption, both the adoptive father and mother will have equal rights over the child. The child becomes your legal child. So, in case she leaves you for any purpose along with child, she can definitely claim maintenance for herself and the child as well. You should remember that after the adoption, the child becomes your legal heir and loses its rights over the property of its natural father, if alive.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 November 2010

Thanks madam now what is the advice for me ?

I have given brief details of the issue.

Regards,

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 November 2010

Suchita Madam,

Can you advice me the course of action please .

Thanks

Girish Thanvi (Lehal Intern)     07 February 2012

Can anyone cite any supra cases to prove the Right of a female child on his father’s ancestral property after divorce of their parents


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