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Child's Right In Ancestral Property
13-Nov-2023 (In Family Law)
I have a son of 15 years ,I m divorced from my husband and he is paying maintenance of Rs.10,000 per month as per court order, can my son file a case for his share in ancestral property?
In this regard, i advice you to first get the maintenance corrected from the court as the maintenance you have mentioned is very low and is unjustified in today's time. Thereafter, you can certainly file a suit for partition on behalf of your male issue. In litigation you should move smartly to get good orders in court. For further clarifications please contact.
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Adv. Ujjwal Jain
Delhi | 200+ Answers
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Your minor son can file a partition suit for getting his share from his father’s undivided property. He is legally entitled to get 1/4 share. If any of the siblings of your father had died, then their legal heirs also included as defendants in the suit. After the appearance of parties and their written statements the court will consider your petition on merit and pass preliminary decree if the property is legally partable one. You may also file a suit for injunction to restrain your child's father from disposing off with said property.
For more information, feel free to have a word with me.
For more information, feel free to have a word with me.
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Adv. Sahej Uban
Delhi | 500+ Answers
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Yes your son can file a civil suit for partition and get his share from the ancestral property. Divorce between husband and wife does not deprive the son or the daughter from their legal rights. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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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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