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Gurpreet Singh Chauhan (Advocate)     22 February 2013

Regarding property

Dear sir, wife got ex parte divorce against her husband. There is married girl from the wedlock of this couple. Husband remarried and got two children from second wife. First wife's daughter want to claim her share from the property of her father. Kinly tell me under which law she can claim the property ????


 2 Replies

Advocate Rohit (Advocate)     22 February 2013

If the Father is alive  and has earned the moveable or immovable assets from his own income, then the child cannot claim any right over it as the father has a right to decide to whom he wants to give or not.

The child can claim right only upon the ancestral property during the lifetime of the parents by way of partition suit.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


(Guest)

@Querist,

 

For maintenance- section (125)CRPC

 

For property-Hindu Succession Act 1956(Amendment 2005)(I presume you to be a Hindu).

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


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