My daughters share in her grand patents property
Palllavi
(Querist) 18 March 2016
This query is : Resolved
After my mutual consent divorced in April 2010 ,my daughters custody is with me. Since that my ex is not paying maintenance amt. rs.2000 monthly to daughter which should gradually increase as per her education expenses which has mentioned in my decree.
I have remarried and my husband is taking all the responsibility of my daughter. I have changed her name on my current husbands name by doing gazzet but not through adoption.
My ex don't have any property on his own but through his parents. His parents are no more now and they have not given anything to my daughter just because i changed her surname.
There is property from my ex inlaws parents( pushthani). .Which now will go to my ex and his sister.
Just wanted to know if my daughter will have a right on my ex's property share. As he is remarried again but do not have any issue yet. And can my daughter file fire her maintenance amount which he is not giving since last 6yrs.
Kindly help.
P. Venu
(Expert) 18 March 2016
You can approach the court for enforcing the payment of maintenance to daughter, subject to limitation.
Your daughter can have claim on her father's property after his lifetime, depending upon the then prevailing circumstances.
Rajendra K Goyal
(Expert) 18 March 2016
Biological fathers name can not be changed without adoption with the consent of biological father.
Since the land is ancestral, daughter has a claim.
Palllavi
(Querist) 18 March 2016
Thank you all for your helping advice.
Anand Bali Adv.
(Expert) 18 March 2016
If the daughter is major she can change her name at her will.
Since you are re-married now you can not claim any maintenance however your daughter can ask for the maintenance since she is (presumably) minor.
She also can claim out of the ancestral property which he has derived from his ancestral.
Claim her portion of the property share through court as her legal guardian now.
Dr J C Vashista
(Expert) 19 March 2016
I fully agree with the expert advise of Sh. Rajendra K Goyal but disagree with Mr. Anand Bali qua change/adopt her name and seek maintenance from her biological father (your ex-husband).
Maintenance awarded by the Court is executable and recovered from the estate of judgment debtor (biiological father of the girl and your ex-hubby).
Your daughter has a share in her ancestral property.
Although your husband has agreed to maintain your daughter after his marriage with you, which he is maintaining without any grouse, she (your daughter) do not have any right/claim in his property.
Consult your lawyer for further proceeding.
Anand Bali Adv.
(Expert) 19 March 2016
Dear Dr Vashishta please see the line "Just wanted to know if my daughter will have a right on my ex's property share." the question is this after divorce relation of daughter and son with their father remains. Please note. Only wife is forbidden to remain wife in relation and thus after getting married to a second husband does not carry any right with her of her ex husband's property. How you can disown the daughter's right ?
Dr J C Vashista
(Expert) 20 March 2016
Dear Mr. Anand Bali,
Please read my reply again where I have mentioned inter alia, that, "your daughter has a share in her ancestral property" it is unambigous.
I have no where stated qua "disowning the daughter's right" isn't it?
The same is your view, opinion and advise qua the share of a daughter in her ancestral property.
Regards
Dr. J C Vashista
