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Mayur Wankhade   21 November 2021

Property

If two people got divorce after that they remarried to another people.
But after that can their child claim for property
But his/her mother get traditional property???
After that can he claim?
Provide any case law


 4 Replies

Shashi Dhara   22 November 2021

If they are Hindus child gets birth rights on ancestral property on father's side ,if it is self acquired only eligible for maintenance ,if father dies intestate   children s has right , but on mother's side no ancestral property only mother died intestate he inherts her property,other religions no birth right only inheritance if died intestate.

P. Venu (Advocate)     22 November 2021

If, real problem, post material facts.

Dr J C Vashista (Lawyer)     24 November 2021

The child born out of bilogical parents shall get a right in his father's property, if he is not adopted by the :"new" husband

Anaita Vas   25 November 2021

Children's rights in their father's ancestral property are not affected upon divorce. Unless there is a will excluding them from inheriting the ancestral property. 

A father's self-acquired property is his own. He can choose to dispose of or transfer it in any manner he pleases to choose. A child cannot claim as a birthright, share in his father's self-acquired property. Typically, parents bequeath their self-acquired property to their children. If a father dies without a will, a child has a share in his self-acquired property as well, in the absence of a will to the contrary. The rights of children in the property of their father remain unaffected after divorce but depend on the father making a will; else, if he dies intestate, the rights to inherit the property is with the surviving legal heirs, and a child irrespective of divorce is a legal heir of his/her father.

The mother cannot get a share in the father's property. However, if she contributed to the property, she will have to prove it in court. 

Case Laws related to your query - Surinder Kaur v. Madan Gapal Singh, Sri Arun Das v. Smt. Aparna Das and Debika Chakraborty v. Pradip Chakraborty.

 

Regards,

Anaita Vas

 


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