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Arun Laxman (Advocate cum Assistant Professor)     12 July 2017

Maintenance - succession

Can a minor child who got permanent maintenence along wit mother for life time from his father, is entitled to get any share in the property of his father after he dying intestate?


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 9 Replies

Raveena Kataria (Advocate )     12 July 2017

As per the Hindu Laws, the son has a birth right in his father's ancestral property and thus will be entitled to a share in such property. He will also be entitled to a share in his father's self-acquired property if the latter dies interstate.

Siddharth Srivastava (Advocate)     13 July 2017

Yes. Child has independent right of inheritance.

(Guest)

The child will not have any interest in any property as mother already took money on behalf of the child already and udafied the money.  Now nothing can be done.  Agreement is for lifetime.  Though one can seek share in ancestral property, agreement done at time of divorce (for mutual divorce) is only for avoiding giving share to the kid or anyone in the future.

P. Venu (Advocate)     13 July 2017

The child is a legal heir to the property of the father, left intestate. Other aspects are irrelevant.

Rajendra K Goyal (Advocate)     13 July 2017

Child has right in the property of father expired intestate.

Maddy   13 July 2017

In love, got married in 2003, after 2yrs in-laws wanted us to buy house, so transfered INR 1o Lacs into my a/c, out of which bought a 1RK for 7.5 Lacs in both our names i being the primary, paid 1Lacs personal loan, rest spent on us. Now afted 3yrs of staying apart without any contact planning for divorce, as she dont want to stay with my dady who is 75yrs of age and alone. Will I be entitled to pay 50% back or less or more. 

Maddy   13 July 2017

In love, got married in 2003, after 2yrs in-laws wanted us to buy house, so transfered INR 1o Lacs into my a/c, out of which bought a 1RK for 7.5 Lacs in both our names i being the primary, paid 1Lacs personal loan, rest spent on us. Now afted 3yrs of staying apart without any contact planning for divorce, as she dont want to stay with my dady who is 75yrs of age and alone. Will I be entitled to pay 50% back or less or more. We have a boy child 5yrs of age in her custody. havent paid expenses since we are not together.

Maddy   13 July 2017

In love, got married in 2003, after 2yrs in-laws wanted us to buy house, so transfered INR 1o Lacs into my a/c, out of which bought a 1RK for 7.5 Lacs in both our names i being the primary, paid 1Lacs personal loan, rest spent on us. Now afted 3yrs of staying apart without any contact planning for divorce, as she dont want to stay with my dady who is 75yrs of age and alone. Will I be entitled to pay 50% back or less or more. We have a boy child 5yrs of age in her custody. havent paid expenses since we are not together

T. Kalaiselvan, Advocate (Advocate)     17 July 2017

The minor child, if it was a legal heir of the deceased, shall be entitled to a share in her father's property as a right as per the Hindu succession laws or any other succession laws prevailing in the country.


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