can i claim property of my father after his divorce?

558 votes

You have not mentioned if divorce was on mutual or contest , whether permanent alimony was taken or not at that time , what was order of the court in consideration of your life and maintainance etc ., but yes there are remedies available and can be seeked if contested well . You can contact us for better help if u want .

LawRato LawRato

660 votes

Dear Querist,
If it is self acquired property it is the wish of the person to give the property to u or not. However, if it is a ancestral property you can claim a share in the property. However, nothing prevents u to file for maintenance petition if you are studying and if the same is denied to u.
Pratap, Advocate

Advocate Pratap Kumar LawRato

943 votes

Hi,
You just got divorced, won your daughter’s custody and received a settlement amount along with monthly maintenance for both of you. For sure, you are feeling relieved after long years of dealing with the lawyers and courts. But you are also wondering whether this money will suffice for all the expenses your child and your future holds. You start walking down the memory lane: the day your daughter was born, and the first few years when you both dreamed of her education, marriage and future. You knew that you could give her all the comforts and the best of the education.

Whether you are a husband or wife, your children have right over your property, and why not? You both brought them in this world and you owe them a decent upbringing and a future.

Ranjani (fictitious) lived for eight years with her husband until one fine day, she was back at her father’s house with her daughter. After 4 years of court proceedings, she received Rs 15000 a month as maintenance, and Rs 18 lakhs as permanent settlement. That’s when she first questioned if her daughter will receive anything from her father’s property and their ancestral property: ” They have ancestral property worth crores of rupees, isn’t my child a rightful heir? One day I will go to the court and demand her share.”

This is something to think about: after all, the fight is between the couple, why should the children suffer? Not only are children eligible to inherit their father’s property but also their mother’s. You would be happy to know that the Indian laws clearly mandate that unless willed-out, children will inherit property from their parents and grandparents especially if it is ancestral. Most recently, a court in Mumbai made a custody decision in favour of both parents. The judge granted joint custody thereby making it easier for children to gain love and trust from both parents and encouraging easier inheritance from both.

There are lot of questions that single parents have:

Who can demand inheritance share- parent, children or both?
At what age can my child ask for a share?
What if my ex has remarried, and has had more children.
What if I remarry?
Will my child have right over his step-father’s property?
Can my child claim inheritance to property that my wife purchased after the divorce?
And so forth…..

In our upcoming webinars, we will talk in detail about the Hindu Succession Act, Muslim Law of Inheritance as well as the Indian Succession Act. For example, did you know that in Muslim Law of Inheritance, all property falls under one category whereas in Hindu Succession Law, there is a clear distinction between ancestral and self-acquired property.

Divorce is no more a taboo and both men and women are equally educated and in many cases economically independent. The smart thing to do is educate yourself, learn what your rights and responsibilities are and take the right steps that will make divorce an easy, mutually peaceful and beneficial process. Sometimes, early mediation can help eliminate all the unpleasant steps in the process.

Advocate Srinivasa Kudva LawRato