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Susie (N A)     19 August 2012

Property rights for son

I am divorced. It was a mutual consent. I have a 15 yr old son. Is he having rights to claim his Dad's (my ex-husband) property. My ex-husband is married and doesnt want to share his property to my son.

Is my son legally having rights for his property. (Not inherited )



 6 Replies

Anirban (Jr. partner)     19 August 2012

Your son has complete right over his father's property he cannot be denied his rights by the father.

you should check this link for more info on this:
https://legalservices.co.in/forum/#forum/Civil-laws-Property-laws-CPC-0.htm

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 August 2012

If your ex-husband is the owner of self acquired property - then your son has no rights in father's lifetime, and father can sell/gift away the property, he  can even make a will to oust him, if he dies without a will - son can claim alongiwth other legal heirs. Howevver if the property is ancestral then father cannot deprive and even in his lifetime a suit for partition can be filed.

 

Good Luck !


Adv. Bharat Chugh

bharat.law06@gmail.com

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2012

If it is his self acquired property, then son don't have any right.

Guest (Guest)     19 August 2012

If the property is ancestral in nature the son has an indefeasible right in it which can be enforced legally in the event of the father refusing to give him his lawful share. On the other hand, if the property is self acquired of your ex-husband he is at liberty to deal with it in the manner he desires. He can gift/will the property to anyone to the exclusion of his son. In the event of him dying intestate the same will devolve equally on all his legal heirs.

1 Like

Susie (N A)     19 August 2012


The property is self acquired. So I guess he has no rights . Thanks for the responses

Guest (Guest)     19 August 2012

The right would accrue to him only in the event of his father dying intestate.

1 Like

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