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Rajiv kumar (abc)     16 December 2016

Property rights of child after divorce

1. After mutual Divorce settlement, what would be the property rights of the child against his natural father and grandparent if the custody goes in hands of mother? 

2. If the woman remarry, do the property rights of child against his natural father and grandparents gets changed? 

3. Can the grandparent write a registered "will" and can expel the grandson from the property (owned by purchase)? would such "will" would be acceptable later? 

The mother of the child has never allowed to meet the child to his father and grandparent at all and not ready for the future amicability. Looking for money with extortion process and will run away to abroad afterward. 



 7 Replies

Kumar Doab (FIN)     16 December 2016

What is the personal faith of natural father/grandparent e.g; Hindu?

 

What is the nature of proeprty and estate; self earned/acquired,joint,HUF ?

 

Rajiv kumar (abc)     16 December 2016

 

 

 

Suri.Sravan Kumar (senior)     16 December 2016

This issue should have been discussed at the time of mutual consent divorce settlement. since the property belongs to grand parent(s) he or she can execute WILL in favour of child by appointing father as natural guardian.

1 Like

Kumar Doab (FIN)     16 December 2016

Had you answered it would have easy to ascertain as per personal law that would apply.

 

Believing that the owner of proeprty is Hindu; Grandparents that are owner, can dispose entire property that is self acquired in anyone's favor by a valid deed e.g; WILL, in anyone's favor.

Prefer to register the WILL.

 

 

1 Like

Rajiv kumar (abc)     16 December 2016

Yes, the natural father and grandparents are Hindu.

 

If the woman remarry, do the property rights of child (under her custody) against his natural father and grandparents gets changed? 
 


(Guest)
Originally posted by : Rajiv kumar

1. After mutual Divorce settlement, what would be the property rights of the child against his natural father and grandparent if the custody goes in hands of mother? 
As your ppl are hindus, Hindu Law applies. Child has right in property acquired by you ie ancestral property.  Each Child gets one share.  Irrespective of whom the child is with.


2. If the woman remarry, do the property rights of child against his natural father and grandparents gets changed? 
What woman does has no effect on rights of the child in property.  Once divorce is granted, she can remarry any person of her choice.


3. Can the grandparent write a registered "will" and can expel the grandson from the property (owned by purchase)? would such "will" would be acceptable later? 
All that wont work.  Child has rights, it can claim in court of Law.  Same cant be told about self earned property, self earned property can be given to anyone of your choice.  Same holds good for childs grandparents self earned property.

 
The mother of the child has never allowed to meet the child to his father and grandparent at all and not ready for the future amicability. Looking for money with extortion process and will run away to abroad afterward. 

That is because childs parents are pure arse holes, that they kept self first before the child's future and took decision of taking divorce, everyone has to suffer life long, vis a vis, child, the parents of the child, the grandparents of the child.  Another option is to remarry the same person just for sake of childs future.

 

1 Like

Kumar Doab (FIN)     17 December 2016

Wife is not coparcener in ancestral property.

Wife, son........................NO ONE has forced share in self earned/acquired proeprty.

Son is coparcener in ancestral property.

WILL even if registered can be contested on valid grounds.

Child can claim maintainance.

 

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