Sons right to property after divorce

Hello Bhargav,

Payments (₹8 lakhs to the wife and ₹4 lakhs to the children) likely represent maintenance or a one-time settlement.

Such payments do not extinguish a child's inherent right to ancestral property. This is because maintenance and inheritance rights are two separate legal concepts under Hindu law.

Judgements: 

• Prakash v. Phulavati (2015): The Supreme Court ruled that a child's right in ancestral property is by birth and is unaffected by parental divorce.

I am not a practicing advocate, so please consult a qualified lawyer to verify this opinion.

1. If your client’s mother acquired the property from her parents or ancestors (and not through her husband):
   In such a case, the property is her self-acquired property, and she has the absolute right to dispose of it as she pleases. If she has passed it on to your client, it becomes his self-acquired property. While your client is alive, his children have no claim over this property.

2. If your client’s mother inherited the property from her husband (your client’s father), and it was his self-acquired property:
   The property would also be treated as your client’s mother’s self-acquired property, giving her the authority to transfer it to your client. In this scenario, your client’s children have no right to claim the property during his lifetime.

3. If your client’s mother inherited the property from her husband (your client’s father), and it was ancestral property:
   The property may retain its ancestral character. In such a case, your client’s children could approach the courts, claiming a coparcenary share. While the court may entertain such a claim, the outcome would depend on the specific facts of the case and the court’s interpretation. It is essential to consult an experienced advocate to determine the merits of their claim and how to proceed.