Reshmi (nil) 14 November 2011

Rights on divorced father's property

My friend is going to marry a divorcee who has two children of 12 & 7.He paying Rs.5000 for boy and Rs.4000 for girl monthly til they become 18. He deposited 1.5 lakhs to each @ the time of dovorce. Do the children have any rights on his property including the ancestral? My friend having one boy of 9 yrs, if she marry him, will they have the rights on his property? Please advise me.

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6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 November 2011

Yes, they have.

Regards,

Shonee Kapoor

harased.by.498a@gmail.com

Advocate Vishnu (Advocate) 14 November 2011

Dear Reshmi,

Both the children from the earlier marriage (male) and your friend's(female) child can seek a partition only over the ancestral property or joint family properties(male only). If the(male's) properties are self acquired , none of them can seek a partition of property.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 16 November 2011

Also they can ask for share if the person dies intestate.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 17 November 2011

Shonee Ji,

It is not clear can the children's from earlier marriage of wife (step Childrens) can ask for share in the ancestral property of step father without adoption or they can ask in their biological fathers property.