Daffodils ( ) 03 February 2018

Exparte divorce - property share

Dear Learned Advocates

Myself and myexwife married lived for 1 year and she went to her home for child delivery and didnt return back. Have one son. Mediation by elders and police failed and I filed divorce in Delhi (last lived) and I got exparte decree. She is in kerala and didnt appear to the court.

My grandfather has 2 son and 2 daughter and after he expired, my father payed money (payment amount also documented) to all the 3 siblings and documented an ancestor property on his name. Now my father is bedridden.

My exwife is in discussion with her lawyer that she and/or the kid has got stake in the above mentioned property because this is ancestor property and she is in the process of filing a civil case for claiming portion of this property.

Question:

1. As per family law and civil law, does my exwife and/or the kid has got any stake in my father's ancestor's property. It is still in my father's name.

2. If so what is the best way to save the property?

Thank You

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4 Replies

R.Ramachandran (Advocate) 03 February 2018

Why unncessarily repeat the query?

Rishi kumar 03 February 2018

Daffodils,

I am not a lawyer. I am a litigant fighting for nullity. During the initial stages I had queried about property rights etc. many experts from Kaanoon and this forum have clearly answered to my queries. Accordingly I am trying to answer your doubts. Right now, your father is the sole rightful owner of the said property. And after your father, if he doesn't leave a will, it will devolve through YOU only. Your ex wife can't claim anything. After your demise only, your son becomes the rightful heir. Right now, when your father is alive , even you can't claim the property. He is at liberty to give it anyone. So don't worry. She may claim enhanced maintenance if the property generates some rental income or something of that sort when you inherit the property. Then you can gift, sell or splurge as you like, no one can question you. If at all you decide to dispose of the property , let you wife not know where you park the money or reinvest

Daffodils ( ) 05 February 2018

Sir because this topic involves both civil and family law, I posted in two sections.

Daffodils ( ) 05 February 2018

Thank You Sir I have few questions.

1. Generally can anyone leave a will for ancestor property?

2. I have already got an exparte divorce order (Summons and messanger sent back). Can she now file maintainence now? She has deserted me. Proof of desertion is available(writen communications in the police station and proof of returning her jewls)