Rights in property

Querist : Anonymous (Querist) 19 May 2019 This query is : Resolved
Dear sir /madam

I m son of a divorced parents. At the time of divorce my custody was given to my father. I was 5 yrs old then. Nw I m 41. At present due to unavoidable conditions my wife n I are taking a divorce on mutual consent. I have 3 children from my wife. Nw I think that I ll remarry someone else after divorce n so will my wife. My query is that does the children from previous wife any rights on the property of my mother who was divorced by my father as I lived with my father as per the court's decision. Secondly, even after my remarriage will they have the same rights as my children from second marriage. Is there any way to prevent them from claiming if they have the right. Because I want the property given to me by my divorced mother to b given to my second wife n her children. Kindly advise. Thanks

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Querist : Anonymous (Querist) 19 May 2019
Kindly reply

Dr J C Vashista (Expert) 19 May 2019
1. An anonymous author may not expect obligation of experts as per rule of this platform, disclose your identity.

Dr J C Vashista (Expert) 19 May 2019
2. The property devolved from your father was ancestral or bequeathed (through the document of a will)?
4. Whether your deceased father remarried and had child/children or living step-mother or any one else?
5. Whether your father died intestate and you have some brother/sister/mother or any ono else as class 1 LR of your father?
Incomplete information can not lead to form an opinion and oblige.
It would be advisable to consult a local prudent lawyer for appreciation of facts, guidance and proceeding.
3. Whether you want to bequeath the property in favour of either of your legal representative/ any one?

Sudhir Kumar, Advocate (Expert) 19 May 2019
Actually dovorce happens between husband and wife. The divorce does not happen with parents and children.

Your children are entitled to share of property of their grand mother even swhe is divorced and even if their mother is also divorced.

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