Asha Kanta Sharma (Manager - Finance & Accounts) 02 October 2017

Can childrens have share in fathers property after divorce ?

Can childrens have Share in fathers property after divorce ?

If yes, How to claim the same how much time does it required ?

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5 Replies

Vijay Raj Mahajan (Advocate) 02 October 2017

During the lifetime no Hindu child has any share or right in the property of his/her Hindu father whether married or divorcee. Yes after the death of the father all children irrespective of their marital status shall have one share each along with their surving Hindu mother as all of them are class 1 Hindu heirs under the Hindu Succession Act,1956.

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Kumar Doab (FIN) 02 October 2017

The right to succeed as per personal law that applies shall remain intact.

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Kumar Doab (FIN) 02 October 2017

Which personal law applies in the case posted by you in the query e.g; Hindu?

Is father alive?

Has Father left any valid WILL?

What is nature of property for Father; self acquired/ancestral?

Confirm!

Siddharth Srivastava (Advocate) 02 October 2017

Yes children has right of inheritance in the property of their father even after divorce between their mother and father. Right to inheritance has nothing to do with the divorce of their parents. But note that this right comes into existence only after death of their father and that too if father has not left any WILL etc.

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