Legal procedure
krishna
(Querist) 18 August 2015
This query is : Resolved
My husband has filed case for custody and visiting rights for minor son in 2015.
Minor son is with me.
My husband,my brother-in-law and my father- in-law are running a shop in a HUF property.
How can I protect my minor's sons rights in that property? Can I claim property rights of my minor son in this custody case or I have to file a separate case. Please guide me so that my son's rights get secured.
SAINATH DEVALLA
(Expert) 18 August 2015
UR son's rights over the share of his father's property is always secure,but U don't have a share as it belongs to HUF.Is the divorce process going on?
krishna
(Querist) 18 August 2015
yes,divorce case is pending and the process is going on.
When i can claim my minor son's right in the property.
SAINATH DEVALLA
(Expert) 18 August 2015
U need not claim,UR son has a direct right over his father's self acquired property,but here it is HUF.
SAINATH DEVALLA
(Expert) 18 August 2015
UR son is a coparcener in the HUF property of his paternal household.
krishna
(Querist) 18 August 2015
My husband has filed case for custody and visiting rights for minor son in 2015.
Minor son is with me.
My husband,my brother-in-law and my father- in-law are running a shop in a HUF property.
How can I protect my minor's sons rights in that property? Can I claim property rights of my minor son in this custody case or I have to file a separate case. Please guide me so that my son's rights get secured.
krishna
(Querist) 18 August 2015
I have apprehension that my in-laws will sell that property. Is there any way to get my son's share.
SAINATH DEVALLA
(Expert) 19 August 2015
Repeatedly I have said that UR son has a right only over the property UR husband received as his share.Don't presume too many things at this stage,wait till the property is disposed off.Right now U cannot do anything legally.
Custody of the child is the decision of the court.
