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(Guest)

Query about ancestral property

I would be grateful to you, if you can reply to my brief query as mentioned below.
 
I had got a legal divorce from my wife & have a minor 2 year old son, who lives with her. We are Hindu by religion. As per divorce judgement, everything is settled & I don't have any liability towards anyone now.
 
I am married again legally with my new wife. Now, let me tell you my background. My mother got divorced from my dad 45 years back & she started to live at her father's place.[ mother's father ]. I was born & raised up at my mother's father's home. My mother's father did not have any other child besides my mother. My mother's father & my mother's mother passed away many years back, leaving some property in form of house & some shares & investments & so on. My mother's father has started investing some amount in my name & in my mother's name also. Now we own some property in joint names [ me & my mother's name ]. My mother is still alive & healthy.
 
Now can my son from my previous marriage claim anything from the property in future? This property has been from my mother's father, who passed on to my mother & then we had mostly all in our joint names.
 
Now, in future I will have children from my new marriage, so what will be the situation in future, regarding the property?

I don't want to get involved in any legal issues many years after now, so what precautions should I have to take. Please guide me



Learning

 3 Replies

HK_Jain... (498a Fighter)     15 June 2012

Now can my son from my previous marriage claim anything from the property in future?

 

No

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 June 2012

1. You have divorced your wife not the child. Child remains your legitimate child who would have right on your property after your death (if you die without a will). 

2. Since property is got by maternal grandfather the same is not ancestral in hands of your child (ex-wife's son) hence he has no right in your lifetime. 

3. Make sure you give out a Will otherwise he would stake a claim on the proeprty. 

 

Feel free to talk !

gopalakrishnan (head)     15 June 2012

My father has built a property out of his earnings and the building is 45 years old. He passed away without any will. He was survived at that time by  wife and 2 sons and 2 daughters. The elder son who got married and had 3 sons ( 1 major and 2 others are 17years as of dagt) also passed away 10 years back. The two daughters also got married and 1 daughter has 1 major daughter  and the second one has 1 boy and 1 gril ( both minor as of today). Myself has 1 son aged 10 years.

Mother aged 77 years lives with me and i want to settle the others and we all have good relationship.  I want to avail bank loan and also get benefit of the housing loan. 

Please give me what process i should do.

 


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