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Mahenbt   16 February 2022

Protect property after divorce

Hi
I am 40yrs Hindu Man, marital status - Divorced. I have Son  whose custody is with his mother(i.e. my X wife).
In my family - Parents (both are 70+yrs old), 1 sister married n settled.
Mine was mutual consent divorce and as recorded in Divorce decree I have paid one time settlement amount to wife and she has accepted the removal of Rights on my property, income there after. 

As I understand my Son still has legal rights on my Property, income and inherited property too - if not then please correct my understanding. 

Hence I want to protect my own assets, income & inherited properties from my Son  (i.e. indirectly from wife) .
So need help on legal grounds to decide on right actions. 

1. as per Indian Law Father can disown his son.
     If I do so (disown my son) can my Son still hold rights on my own property & my parents(inherited) property? 

2. Also there is one residential plot on my mother's name (self acquired property) and she wants to give it to me -
    a. please suggest right option to do it -  Gift deed OR Sale deed OR write Will
    b. Can my Son also claim rights on the property gifted by parents?
  

3. if I execute a WILL and register it. How far can WILL save/protect my property, income from my Son in Court of law in case it gets challenged ? 
  - Should I included this gifted property also in my own WILL & protect it ?



Learning

 4 Replies

Shashi Dhara   16 February 2022

1)ur son has only right on ancestral property ,2)ur mother has right to gift ,ur son can't claim on it .3)u have right to will .u can cancel will at any time ,it comes to force after  the death of testator.

Himani Chouhan (Advocate)     16 February 2022

You can disinherit your son from your self-acquired property only, and not from the ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of one’s own funds and resources. 

A property is not considered as an ancestral property if it is gifted by a mother to her son. Therefore, your son cannot claim his share in a property which was gifted to you by your mother.

SHIRISH PAWAR, 7738990900 (Advocate)     16 February 2022

Hello,

You can disown son. After disown son he will not have any right in your property.

Your mother can gift plot to you by registred gift deed. Gift will have nominal stamp duty.

You can include gifted plot in your will. After execution of will your property will be transfered to your intended legal heirs. 

Mahenbt   21 February 2022

Thanks all for the inputs.


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