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Anand Kumar (Employee)     03 December 2020

Understanding the rights on the property btw me & children

Hello,

I was awarded divorce recently. I have two children and the custody of the children are with my ex-wife henceforth. My elder child is 17 and younger is 9 years. I have made a one time settlement to both of them at the time of divorce.

I am the only son to my parents. While there is no property in my name, my father has a house that was given to him through a will from my grandfather and another house that my parents jointly own.

I would like to understand the implication of inheriting these two houses from my parents. 

1. Will I need the consent of my children in future if I decide to dispose these two houses?

2. Also, what will the law permit to do with these houses and what it will not given the current circumstances that I am in?

3. What should I do now in order to protect my interests until my life time in the current circumstances?

Thanks.



Learning

 11 Replies

Kishor Mehta (CEO)     03 December 2020

Since the house that was inherited by your father under a Will becomes his absolute property , and the house jointly owned by your parents is their absolute property. None of these houses can be termed ancestral property hence your children can not claim any rights over them and you do not need their consent to dispose these properties. 

2 Like

Anand Kumar (Employee)     03 December 2020

Thanks for your response. A follow-up question...

How does the law see and treat if these properties are passed on to me by my parents after their time? Is this then considered to be inherited or can I still dispose them off if I have a need without their consent?

Thanks.

Kishor Mehta (CEO)     03 December 2020

Your parents may Will the properties to you in which event they become your absolute properties. You can then use or dispose the properties any which way you like. 

Pradipta Nath (Advocate)     03 December 2020

In case you have acquired property on your own finance or better known a 'self acquired property' you will be termed as absolute owner to deal with the property. And whereas you have inherited any property from your parents, you cannot dispose the property as per your wish. Please refer the Arshnoor Singh Judgement.

1. Your children too have equal rights over the property of their ancestor i.e their grandfather. Therefore you need to take concurrence from them.

2. Unless you own any self acquired property, the inherited property by whatever means will be dealt as per the Hindu Succession Act (Assuming you are a hindu and subscribed to the mitakshara school of law).

3. Your interest is already protected since you are a legal heir and therefore have equal share over the property. 

P. Venu (Advocate)     03 December 2020

Admittedly, you do not pwn any property. Neither you nor your children have any rights in the property presently held by your parents.

It is their absolute property. They have the unbridled discretion to dispose their property to anyone; that include their grandchildren  i.e. your children.

You are only legal heir to the property left intestate after your parents' life time. And your children would be legal heir. 

As such, your concerns are premature in the light of life's uncertainties. Please note that you have divorced your wife, not your children!

Dr J C Vashista (Advocate)     04 December 2020

I concur with experts.

The property is absolute in the hands of your father, which is his 'self acquired'  and he should bequeath (by executing a will where you may be sole beneficiary) or donate through a registered gift deed. Thereafter the property shall be termed as 'self acquired' in your hands, which you may dispose it as you desire, without any right, interest or claim of your children.

Why do you intend to debar legitimate right of your children from their father's property, wherein they have no role in dispute between you and your ex-wife ?

 

P. Venu (Advocate)     04 December 2020

The author is the only child to his parents. As such, it belies common sense as to why he is in a hurry to get possession of their properties?

Kishor Mehta (CEO)     04 December 2020

I sincerely believe this matter has been given sufficient space on this platform and honourable experts should not waste their time pondering over this matter. 

Pradipta Nath (Advocate)     04 December 2020

If any learned member wants to add value, how can this be termed as pondering or wasting time! If you have any problem, please excuse yourself.

Kishor Mehta (CEO)     04 December 2020

Pradiptji, I am sorry if you feel offended. It was not my intention to offend any of the fellow experts. 

Shashi Dhara   04 December 2020

You have not mentioned that your grandfather is alive or dead ,if he is dead the will becomes into force ,you have not mentioned that you have sisters or you are only heir..your children's or wife canot claim any right on that property ,you inheirtted  from your father ,you have absolute right over it,you can dispose it as per your wishes ,.


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