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nav   05 February 2015

Legal rights of child after divorce

I got divorced four years back. We have a 12 year old son from the marriage. The divorce was by mutual consent.The custody of my son is with his mother. They are staying outside India now for work. Thereafter both of us have got married. From my present marriage I have two sons. She does not have a child from her present marriage as of now. There was no alimony given at the time of divorce. 

I have my own property and may also inherit some property from my parents in the future. 

Though I am not contributing monetarily towards my 12 year old son's upbringing, but I have been investing for his future studies and would like to take care of those expenses in the future. But would like to clear a few doubts about the legal status on my property for my three sons.

My doubts are:-

1.   Does my son from previous marriage have right on my self made property and assets and on any property that i may inherit from my parents in the future.

2.   I may like to give a part of my assets to my son from the previous marriage. That can be taken care by means of a will. But does he automatically have a right to my assets or do I need to specifically make a will. I am asking this question so that there should not be any fight between the three half brothers in the future (I hope I have given good and ethical upbringing to all three and such a situation should not arise !!!!)

3.     My earlier wife is asking me to let her new husband legally adopt our son and that I should give my consent for the same. I am confused what good will it bring to my son. She says that it will allow our son to have a legal rights on the property of her new husband. My only concern is the well being of all my three sons and specifically my eldest son. I think the way I can will some property to my son. Similarly they can also do the same. Then why this legal adoption issue? Pl advise. Here I must state that my son was taken abroad without my information or consent. But I have reconcilled to it because he is getting good international education over there and my son can have a clean new start in a new society which is more forgiving for children of divorced parents.

4.   And lastly, since I am entitled to lots of benefits from my Government office for my dependents, can I somehow let my eldest son also eligible for these benefits. I feel he is a looser on this front. I am looking for the legal angle on this because the office is also not clear on this issue.

I shall be grateful if each of my query is separately answered.



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     05 February 2015

what you both had decided about your son in your mcd, if nothing is written about him then he is a legal heir in your both self acquired and ancestral property, if you want to give him some part of your property during your life time you can give him by making a registered gift deed in his favour, if you want after your demise then make a registered will deed, if you want your son back with you then you can talk to your wife regarding this and take back your son with you or you can file case for custody of your son , if her second husband wants to adopt him then you have to give your consent for that as you are natural guardian of your son but mind it once you had given your consent for his adoption to her husband favour after adoption you will loose all rights of his father , presently he is your son he is entitled to avail all facilities of your job benifits .

Adv k . mahesh (advocate)     05 February 2015

1.   Does my son from previous marriage have right on my self made property and assets and on any property that i may inherit from my parents in the future.

yes he has right as he is your eldest son 

 

2.   I may like to give a part of my assets to my son from the previous marriage. That can be taken care by means of a will. But does he automatically have a right to my assets or do I need to specifically make a will. I am asking this question so that there should not be any fight between the three half brothers in the future (I hope I have given good and ethical upbringing to all three and such a situation should not arise !!!!)

rather then will it is better to give through gift deed 

 

3.     My earlier wife is asking me to let her new husband legally adopt our son and that I should give my consent for the same. I am confused what good will it bring to my son. She says that it will allow our son to have a legal rights on the property of her new husband. My only concern is the well being of all my three sons and specifically my eldest son. I think the way I can will some property to my son. Similarly they can also do the same. Then why this legal adoption issue? Pl advise. Here I must state that my son was taken abroad without my information or consent. But I have reconcilled to it because he is getting good international education over there and my son can have a clean new start in a new society which is more forgiving for children of divorced parents.

what has written in the MCD has to be seen to give correct answer to this point

normally once you transfers your rights for adoption of your child to her new husband then in future you dont have any rights against your son and if there is no clause about the chlld in the MCD then you can take custody through court also 

once your transfer your rights then he will be the natural guardian and he will have full rights and your child will be legal heir of his property 

 

4.   And lastly, since I am entitled to lots of benefits from my Government office for my dependents, can I somehow let my eldest son also eligible for these benefits. I feel he is a looser on this front. I am looking for the legal angle on this because the office is also not clear on this issue.

since you have not transferred any rights to her new husband so your son will have all benefits 

so before going through once read all the clauses of the MCD and see what is given about your child or meet your local lawyer and discuss accordingly 

nav   06 February 2015

Thanks for the prompt reply.

Pardon my lack of knowledge on Legal Matters, but what is MCD?

Also as you have suggested that my son would be eligible for all the benefits from my office, I shall be grateful if you could give me the reference of the relevant sections of the law so that I can present the same to my office.


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