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DVNR Sastry (Consultant)     13 September 2008

Property

This is Raj and the Family Court has accepted the Petition by my ex wife to grant divorce and custody of child to her. Went to High Court and a settlement was reached that the child will be with me for 45 days in a year during vacations.In the Hon'ble High Court she also informed that she does not wany any maintenance for herself and the rights of the child were left open. She also stated in the open court that she does not want me nor my money for both of them, which i think was not recorded.I was married in June and the son was born in Feb, within the stipulated 9 months and it was just 8 months only.

Later she filed a OS in the Family Court telling that i have been troubling / threatening her, the child and her family members and a C Misc for Maintenance of child.

This was settled out of court with the terms that she will not file any case in future and i had to forego the visitation rights of my son, as they informed that they were planning to leave India and go abroad. Hence took the decision to forego my visiting rights.

Now would like to know if in future the son will come back and ask for a share in the property which i had inherited from my father, who passed away when i was a child.

Does this hold good in any court of law and if so what actions need i take.

Request your help and valuable suggestions.



Learning

 2 Replies

Ajay kumar singh (Advocate)     14 September 2008

In my opinion the child can demand his share at any time and he can not be debarred from claiming his share.

DVNR Sastry (Consultant)     14 September 2008

Thanks for your reply.


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