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What share can my husband's ex wife claim from his father's property
09-Jul-2023 (In Civil Law)
My father in-law bought property from his own earning and he is no more . Father in-law had 1 son, my hubby and one daughter. Father in-law no more now. My hubby legally divorced his first wife having son and daughter and got married to me. I don't have kids. Can my hubby sell my father in-law 's property while his ex wife children are minor?.if yes then should my hubby give the share to the minor kids after selling the property? What about the share for my children ( right now I don't have children)?
I am circumscribing to a limited answer to suit your query. You have not mentioned your religion. This propositions is applicable if your husband is an Hindu. If you are any other religion post a new query mentioning your religion. Your hubby acquires 1/2 of total property left by your father-in-law on the demise of your father-in-law without a will. your husband can only sell his share and not others share. Your stepson and stepdaughter naturally acquires right in their grandparents property through their father(your hubby). They divide their share out of their father. Only the ratio of share will differ once you bear a child. Normally court permission was sought for selling minors property. These permission was sought citing the welfare of the minors. Here you must keep in mind that the courts in most cases have asked the guardians to make a fixed deposits in minors name.
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Adv. GP Vijay
Chennai | 200+ Answers
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