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Swarangi (ABC)     02 January 2014

How do i ensure that my daughter inherits husband's property

I am seperated from my husband since one year and has filed for maintenance for me and my daughter. My daughter is 1 year old.

I wanted to know after seperation, how can i ensure that my daughter gets the right on the several properties he will inherit or his own properties.

Is there any way by which presently I can do to ensure this, because after seperation, I wont have idea if he disposes any properties or do not give share to my daughter.

 

Regards

Swarangi



Learning

 2 Replies

Tajobsindia (Senior Partner )     02 January 2014

1.    If the property is self earned one by minor’s father no one have any rights over it if a WILL is executed by the deceased father of the minor.

2.    When the minor’s father is ALIVE no one has any right over it.

3.    If minor’s father dies intestate (i.e. without a WILL) during the pending proceedings then his minor and his wife will have equal rights over the property.

4.    A minor of ref. query if living together or apart (during separation) can claim his ANCESTRAL property.

5.    If the wife is divorced she can claim only maintenance till she gets married to somebody later.

6.    The wife cannot claim his ancestral property.

7.    However if husband dies intestate then she can claim her share in the property of her husband along with her children equally.

8.    Here if you or he is seeking divorce from each other and there are property in between couple then it is always best to opt for Mutual Consent Divorce by ironing out property issues first instead of emancipating about them.

PS:-
The Hindu Marriage Laws (Amendment 2010) has not become a Law as of now otherwise these things would have been differently replied.

Kumar Doab (FIN)     02 January 2014

You have been guided with precision by Mr. Tajobsindia...............

 

 

Kindly follow the advice in full.


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