Ex wife living as wife, property rights of son
Querist :
Anonymous
(Querist) 29 December 2024
This query is : Resolved
1. After divorce settlement and maintenance provided forhis only son, we got married. Ex wife and son was to leave house after alimony payment. but brother in laws did not let them go as there was no more son in family and kept taking ex wife to family functions showing her & son as family and brother ( my husband ) being out of town, never acknowledging my presence. Can my husband or me file a case.
2. Since son was living with family in ancestral home, ( my husband father bought it) now he wants the property or a share thereof for its sale, even when the father ( my husband) is alive..can he claim this. His maintenance during growing up years was given at the time of divorce settlement.
3. Can son have legal rights in properties purchased after divorce
The second marriage happened 30 years ago
Pl advice
T. Kalaiselvan, Advocate
(Expert) 29 December 2024
The ex wife cannot claim any right to live in the ex husband's house after divorce, he can send her out even forcibly.
If somebody else is promoting their stay in the house then your husband can distance from his relationship with them for this reason to avoid unnecessary legal issues.
The son cannot claim any share out of his father's inherited or self acquired property.
The son cannot claim any rights over his father's property acquired before or after divorce i.e., at least not during his lifetime.
Sudhir Kumar, Advocate
(Expert) 30 December 2024
Actually the divorce terminates the relationship of husband and wife.
children still remain children of both. The son of ex-wife is entitled for all the claims even if he was not residing in the property
Dr. J C Vashista
(Expert) 30 December 2024
Son of ex-wife has all entitlements and rights intact even after divorce of his parents despite the facts ex-wife has claimed and enjoyed alimony in his name.
Son has equal share in all his ancestral estate.
P. Venu 
(Expert) 03 January 2025
How is that the property is ancestral? Just because the husband's father purchased it, does not make it ancestral.
Facts posted suggest the property belongs to your husband. The son continues to be a legal heir notwithstanding the divorce among the parents. However, he has no subsisting rights in the property during the lifetime of the father. He can inherit the property, if any, left intestate after father's lifetime.
