Right of child on property

A child born from marriage declared null and void by Family Court is considered legitimate child and he is entitled to claim maintenance and share in parents and ancestral property. 

Under Sec. 16 of HM Act, 1955, the children born from such a marriage are deemed legitimate children and entitled to maintenance, custody, etc.

Yes, the child born out of such relationship has a right to claim maintenance from his/ her parents (both partners). Do you intend to neglect the child?

What is the opinion and advise of the lawyer engaged and paid by you (both partners) ? 

The child can claim maintenance till he attains the age of 18.

He will be entitled to intestate succession as a successor in interest in the circumstances therein

When and where (which court) the marriage has been declared as "null and void" ? 

How much time the couple remained in relationship, if the marriage was "null and void"? 

In case the marriage was "null and void" how and why a child was born out of such a marraige wherein they are stated to have becme parents of a child ?

What is the ground to declare the marriage as "null and void" ? The marriage is stated to have been declared as "null and void" in the year 2021, what is the issue for posting this question paper in the year 2026 ?

Unbelievable statement. Consult your lawyer if there is some iota of truth in the query.

All biological children have all the rights of a so called legitimate child over the biological father. The case of N. D. Tiwari is relevant here.

Marriage was declared null and void in 2021 by delhi sakte family court 

We got married in dec 2015 and marriage null void case was filed in July 2017. Which got final in 2021 

During 1.5 years we were in a good relation after that I got to know that she was already married prior to marry with me and this fact was undisclosed to me althou she got marry with muslim boy as per muslim marriage law that was a love marriage 

On the base of this family court declared my marriage null

Now issue is bcz I have got married to another girl and she also get married to another person and my girl child is currently in custody of her mother 

Bcz of her new husband greedy nature I wanted to know can my daughter file claim on my property after becoming major 

I just want to know what options are available to daughter as her parents can influence to her 

Now my father is worried bcz I also have a boy child and he wants to know that what if after 13-14  years she file a suit to claim property share 

I think now I have disclose all the facts 

Your daughter shall be entitled to a share in your property after your lifetime provided it is intestate succession.

As you apprehend that her step father may hatch cunning plans to grab your property through her, you may better transfer all your properties in favour of your other children during your lifetime so that her claim in future will not be maintainable.

you can draft a will stating the daughter will not get any part of your property or even your ancestoral property and get that will register.

In any case your daughter from invalid marriage has a right, claim and interest in your intestate ancestral property.

What is the opinion and advise of the lawyer engaged / paid by you for proceeding in Family Court Saket, Delhi, which you must have discussed ?

If you are not satisfied with the advise of your lawyer and obligation of experts on this platform, it would be better to consult another local prudent lawyer wih relevant records for proper analyses of facts / documents, professional advise and necessary proceeding

Pleae remember . Spoues  are divorced not childen  

The facts statedare less than convincing. Why settlement, if the Court had declared the marriage to be null and void.

If a realtime query, any menaingful suggestion rquires that the judgment/award be perused and issues discussed.