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sonal malik (avp )     04 October 2013

Right on property by children of divorced parents

Hi

 

i have two sons from my marriage which lasted for 7 years. At the time of divorce my children were 2 and 6 years old. We had a long divorce battle and after coming to mutual agreeementr i signed an agreement and took 70 lakhs from my husband as one time settlementy fees and signed on agreement that will not stake any claim on their property till the children are adult or his parents pass away.

My ex-husband has two older married sisters with children and his parents own a large no of properties in and around delhi. He has re-married and has a son from his second marriage. I have not married again. Both the boys stay with me and he has not contacted and or tried to meet them since 10 years.

His mother passed away two years back and his father is 87years old. Do my children have any right on the property inherited by my husband ?



Learning

 2 Replies

Vijay Sharma (Advocate)     05 October 2013

Yes your children have right to their fathers property being his heirs and legal representatives if you have not given any written undertaking in their behalf during filing of consent terms in divorce petition that your sons will not claim any right in his property. Even if you had given still they could claim their right but it would again amount to tedious legal battle.  

sonal malik (avp )     05 October 2013

I did sign an agreement that they will not claim anything till they are mature or his parents pass away ..which seems to happen almost at same time ..my boys are 12 and 16 and his father is around 85 years and mother has passed away. Now what are my options ?

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