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Do kids have a share in fathers property during divorce


25-Dec-2023 (In Property Law)
Dir sir I have 3year old son and 5year old daughter.my husband want to daivorce but I am not agry.his rental income is 80000 and a house the name of his father but he is death.What is right of my son and daughter to house and rental income.And what is right of my son his father house.
Answers (3)

Answer #1
621 votes
ur children right in your husband property is safe even after ur husband death until it is there any registered will to someone else until it is written agreement of the children custody. u can not claim children share in husband rental income but u file gujar bhatta under section 125 of Hindu Marriage Act after divorce. it is wife right in husband income.

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Answer #2
942 votes
You can not be compelled for divorce,your son and daughter may get maintenance from the total including rental income of their father.The house is not purchased by your husband hence your son and daughter have the right in their paitrik property if they claim their right your husband can not dispose off that property.
Answer #3
612 votes
Your children have claim in the property of their grandfather's name. Any property which your husband has inherited from his father or ancesters. In the case of self acquired property which your husband purchases from his own funds, he has the right to dispose of that property as per his will.
If your husband wants divorce, you can ask for alimony and one time settlement for children in the form of some share in property which gives you a regular income or fixed deposit on the name of your children under your guardianship.

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