Right to succession if parents are divorced
28-Jun-2023 (In Family Law)
In the month of june my father expired, my parents were separated for almost entirety of their married life, my mother filed a case for maintenance, which eventually ended in settlement, the settlement deed expressly stated that I nor my mom can claim anything from my father’s assets. This copy was mere MOU. After his death will such agreement/contract still hold itself infront of the hindu succession act that applies on me? Or is it that I have the right to claim the assets, as it maybe noted that divorce decree (obviously) doesn’t have my signature, I’m neither the contractor nor the contractee, decree mentions that parties must abide by the settlement deed.
You have your right in your father's assets no matter what the MOU says. Because your shares cannot be alienated by anyone including your mother by way of the settlement. Please file a case and claim your share in your father's own and ancestral properties. Please proceed soon.
I hope this advice come into your assistance.
I hope this advice come into your assistance.
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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