Reshmi (nil) 19 November 2011

Property of a divorced father

Hi,

Do the children have any right of the properties of their divorced father? One of my friend is going to marry a man who has two children and he is paying monthly 9000 for the children for maintenance till they become18.

He deposited Rs.5 lakhs for them at the time of divorce. Still the children have any right on his properties, ancestral / self earned?My friend have a boy of 9 yrs. If she marry him, will he be able to get the rights on property? Pls advise.

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3 Replies

Adv. Chandrasekhar (Advocate) 19 November 2011

Father's self acquired property can be disposed off as per his will. If he does not leave any will, then the self acquired property will be distributed between his mother, children of the divorced marriage and the wife and children of the existing marriage. In case of ancestral property, that can be given in the above said manner. The divorced wife does not have any right in ancestral property.

(Guest)

Kids of a divorced father have absolute right too over his ancestral as well as self acquired property. This matter may not end in lower courts but higher courts might just rule differently.