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Parents divorced can daughter claim share in fathers property
06-Jul-2023 (In Property Law)
my friends mom dad got divorced when she was 5 yrs old. now she is 24 yrs old. and she wants her share in her fathers property as well as her grand fathers property. Do she have any right to claim property share? points. 1. she belongs to hindu religion. 2. when her parents got seperate ( via court) she was minor. and no one took her concent. her father gave 50,000 rs as a one time alomony. 3. her father proved in court that he is bedakhal from his fathers property + un employed. thats the reason he didnt give any maintance to her mother as well as to child( my frd). plz help
Respected Sir/Madam,
Your question is depend on final decree of divorce. Suppose no arrangement made to give away some property by the father of the child to it during divorce, she cannot claim. It is pertinent to mention herein divorce does not terminate the legal relationship between children and parents under Hindu law. And at the time of divorce she was 5 yrs old So the daughter of your sister can claim a share in the property of her grandfather through succession alone i.e if her father dies intestate and not otherwise.
Otherwise the grand daughter has no rights in the grandfather's self acquired or own property. Upon his intestate death his legal heirs shall acquire his properties.
The daughter of divorced husband can claim for her maintenance as well.
Your question is depend on final decree of divorce. Suppose no arrangement made to give away some property by the father of the child to it during divorce, she cannot claim. It is pertinent to mention herein divorce does not terminate the legal relationship between children and parents under Hindu law. And at the time of divorce she was 5 yrs old So the daughter of your sister can claim a share in the property of her grandfather through succession alone i.e if her father dies intestate and not otherwise.
Otherwise the grand daughter has no rights in the grandfather's self acquired or own property. Upon his intestate death his legal heirs shall acquire his properties.
The daughter of divorced husband can claim for her maintenance as well.
Helpful?
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Adv. Manish Kumar
Delhi | 25+ Answers
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All this depends on whether the property is ancestral or self acquired property. If ancestral, only then will she have a share. If it is self-acquired, she has no right. As regarding the maintenance, that is something that ought to have been challenged then-now it is too late to do anything about it.
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Adv. Angad Mehta
Delhi | 100+ Answers
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