Share of daughter in father's property if parents got divorce
26-Jun-2023 (In Family Law)
One of my relatives father had a property, but her father divorced her mother, when she was 5 years old. In the later stage mother remarried to another man and she took care of her daughter and her daughter now got married and by profession she is teacher, meanwhile her 1st father, who divorced her mother expired recently leaving some property behind him without making any will. Since he has not remarried or nor he has adopted any one and my relative is the only child to him, can she claim the property which is belongs to her father? under which law? please help. Her fathers distant relatives like her uncle, aunty are claiming the property. 14:29
In this case your relative is definitely entitled to her biological father's property as she is a Class 1 heir. In case a person dies without any will in that case his property devolves upon his legal heirs. When his biological child is alive no other person can stake a claim on his property unless he has specifically bequeathed it to anyone else.
Divorce decree and order in the case (between your father and mother) will be useful while replying above query.
If the daughter was allowed to keep father's name and meeting / visiting rights and so on then it might help her to claim her succession to her deceased father.
If the daughter was allowed to keep father's name and meeting / visiting rights and so on then it might help her to claim her succession to her deceased father.
The answer depends whether the property is ancestral or self acquired . Please inform from which religion you relative belongs? She can inherit provided the property is self acquired property of her father.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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