Procedure
Geeta
(Querist) 19 September 2016
This query is : Resolved
My x-father in-law and his brother inherited ancestral property from their father who died intestate during 1990 and later in the year 2000 divided it among themselves and registered the partition deed.
After my divorce, the Custody of minor son is with me.
1. What is the status of my son's right in that property.
2. what steps I can take to protect my son's right in that property.
3. Can i claim my sons right in that property.
Raj Kumar Makkad
(Expert) 19 September 2016
1. As on today, he has just joint right in the property being coparcener.
2. Not required as on day.
3. Not now. Only after demise of his father if property stands inherited by him.
P. Venu
(Expert) 20 September 2016
The property is no longer ancestral as it has been partitioned. Your son has no right in the property as he was born, as understood from the facts posted, subsequent to the partition.
R.K Nanda
(Expert) 20 September 2016
Repeated query.
Rajendra K Goyal
(Expert) 20 September 2016
1. The property was partitioned, your son has no right in the property now in the name of his grand father.
2. Your son can claim property in the name of his father after he expires intestate.
3. No.
Geeta
(Querist) 20 September 2016
Sir, In the year 2000 when the property was partitioned, my X-husband was major. 2)I got married in the year 2006 and my child was born in the year 2007.
Shashikant V. Patil
(Expert) 20 September 2016
Your son is legal heir & having rights in your X husband's property by way of succession.
Kumar Doab
(Expert) 20 September 2016
"in the year 2000 divided it among themselves and registered the partition deed."
Experts Mr.P. Venu, Mr.Rajendra K Goyal have already pointed out that subsequent to partition the property is not ancestral.
Experts Mr. Raj KUmar Makkad Mr.Rajendra K Goyal have already pointed out that your son can stake a claim in property left by his father.
Rajendra K Goyal
(Expert) 22 September 2016
Question:
Sir, In the year 2000 when the property was partitioned, my X-husband was major. 2)I got married in the year 2006 and my child was born in the year 2007
Ans: the fact does not effect the status of property. Position remains same as advised.
Kumar Doab
(Expert) 22 September 2016
The owners can gift by their sweet will.
Guest
(Expert) 22 September 2016
Already advised appropriately.
