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Deepak Aggarwal   04 December 2021

property share to son, living with divorcee wife

A male child was born from the wedlock,couple separated thorugh mutual consent divorce, custody of child is with mother,
1. is child is entilted to his paternal ancestral property after attaining 18 ,how to disentilte him.
2. Is child is entilted to the fathers property ,. how to disentilte him from his father property.


 4 Replies

Kevin Moses Paul   04 December 2021

As per your concern let me inform you that a son always remains his father's legal heir and coparcener in ancestral property regardless of the matter that parents might have divorced.
Henceforth, though you and your wife got separated via divorce with mutual consent you son will still get his share of inheritance in the ancestral property, as it is his birthright.

In simple terms you being a father can disinherit your son from your Self-Acquired Property only, but Not from his Ancestral property.


Hope It's Clear!

Regards,
Kevin M. Paul

Shashi Dhara   04 December 2021

If  child is hindu by birth itself gets.

SHIRISH PAWAR, 7738990900 (Advocate)     04 December 2021

Hello,

Any child is entitled to get share in father's property even after divorce. Only father can exclude child only from self acquired property. However no one can exclude son/daughter from ancestral property. 

Archana Pandey   19 January 2022

  1. Firstly, In one prominent case where in Supreme Court ruling, it has been stated that Kids out of wedlock will have equal rights in parents self acquired and ancestral property both.
  2. Secondly, according to Mitakshara School under Hindu Law, a son is a legal heir in a father's property whether it is self acquired or ancestral property after divorce as well. However, if a father may dismiss him from his self acquired property.

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