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.