Property

Deepak Kumar (Querist) 28 December 2013 This query is : Resolved
Sir
I am in the process of divorce by mutual consent in the court and paid full alimony to my wife and I have a male child (2years old) which is under the custody of my wife (not by court but by herself) and my father has a self earned property in delhi.

Please tell me,
1. Can she claim share in my father`s property?
2. Can my child claim share in my father`s property?
3. How to save my father`s property from both of above claimant(wife and son)?

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Devajyoti Barman (Expert) 29 December 2013
In MCD parties can not claim anything. Only those things agreed upon between them is exchanged.
Divorce does not disentitle son/daughter to claim their share from father/grandfather by rule of succession.

Biswanath Roy (Expert) 29 December 2013
According to various orders and rules laid down in different judgement of the High Courts and Supreme Court Divorce cannot dis-entitle Divorcee and her spouse from right of inheritance of the ancestor's property both movables and immovable. To save your father's property from such claim you can request your father to make a testamentary Will declaring you as sole beneficiary of the property.

T. Kalaiselvan, Advocate Online

(Expert) 29 December 2013
Rightly opined by expert Mr. Barman. In MCD, upon the agreement between both the parties about the present and future claims the case is decreed and the matters remain settled therewith. Even otherwise your wife cannot claim a share in your property or your father's property during your life time. Your son/daughter are entitled to claim their share by rule of succession . If your father's property is self acquired and he bequeaths the same on you by a will of transfers on your name by a settlement or gift deed, it becomes your own property which can be disposed by you at your own sweet will.

Rajendra K Goyal (Expert) 29 December 2013
1. Can she claim share in my father`s property?
- No. Better specifically add the condition in the MCD.
2. Can my child claim share in my father`s property?
- Yes.
3. How to save my father`s property from both of above claimant(wife and son)?
- If property of your father is self acquired, he can make a sale deed, gift deed or will accordingly.

prabhakar singh (Expert) 29 December 2013
Q1. Can she claim share in my father`s property?
ANSWER: IS NO!NOT AT ALL.

Q2. Can my child claim share in my father`s property?

ANSWER: IS NO!FACTS ARE NOT CLEAR TO SAY HE COULD CLAIM ONLY WHEN YOUR FATHER DIES INTESTATE.

Q 3. How to save my father`s property from both of above claimant(wife and son)?
IF IT IS SELF ACQUIRED PROPERTY OF YOUR FATHER THEN HE CAN SALE,GIFT OR TESTATE A WILL IN ANYBODY'S FAVOR OF HIS CHOICE.