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After divorce can son from 1st wife ask for maintenance?


25-Dec-2023 (In Divorce Law)

My husband got divorced with his previous marriage in 2007 & did one time settlement. He has son from first marriage the wife has remmaried want to know rights of the son on property . We legally got married in 2010 we hav a son as well. Is it valid is the prvious son claims no demand from father can he will it that he doesnt want anything

Answers (2)

Answer #1
578 votes
His son is still a legal heir of his biological father. He is still entitled to his share in his Father's self acquired property and even in ancestor's property. The divorce between husband and wife doesnot in any way affect children's right on their parents property. In case of self acquired property of his father, father may by will dispose off the same by gift or will in favour of any one and in such son can't claim that property. But in case of ancestor's property father has no right to dispose of the property. It depends on and is the discretion of previous son to waive of his rights in father's property.
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Advocate Aniruddha Prabhatkumar Pawse

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Answer #2
949 votes
Dear client as he is son from yr husband's previous marriage so he as right to ask share in yr husband's ancestral property. If property is self earned by yr husband then yr husband can give it according to his will. For any legal help call me Adv prasad patil Pune
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