legal rights in property of father
eswarkumarpotti
(Querist) 18 March 2010
This query is : Resolved
Dear respected experts,
One of my friends recently got divorce decree from the family court and also got the custodial orders of the two children who were born out from broken marriage. Whereas the two children are not ready to stay with him in spite of the court orders. Further his wife entered into two marriages’ and the both marriages were broken with in short period and he has no evidence to prove the same. Now he has proposed to remarriage and willing to go for children . Whether children of previous marriage have any right in the property of the father in spite they are not willing to stay back with him at any point of time /in near future can claim the right in the property of my friend.
Raj Kumar Makkad
(Expert) 18 March 2010
Definitely both the sons of your friend shall be entitled for the property of their father after his death.
If your friend has inherited any ancestral property then he even cannot make its arrangement to deprive his own sons in any way even if he re-marriage and his some other legal heirs born out of this marriage.
In case of his self acquired property, he can make some arrangement to deprive off them.
G. ARAVINTHAN
(Expert) 24 March 2010
All the children can get equal share in the property of the father
