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Does child have right over diseased father's property after divorce.


03-Feb-2023 (In Property Law)
Dear sir, According Hindhu marriage act is there any right to the child on father's property even after devorce taken by father and mother. At present my father is not alive After death of my father without informing to me my stepmother registered the property on her name. So now what i should do? Isn't legal? How can i proceed
Answers (2)

Answer #1
756 votes
It depends on the nature of the property as to whether the property in question was bought by your deceased father by his own earned money, in this case if your father has not transferred his property to his new-wife with his valid consent then you can not claim your right over that property.
or he inherited the property from his parents/grandparents, In this case you can claim your share in that property by filing a civil suit for the same purpose.
Answer #2
772 votes
The child has rights in his deceased father's property unless it is bequeathed to someone by a WILL or it is gifted through a registered document during his life time if it is his self acquired property. You can get the registered document cancelled through which your step mother got her name registered concerning the property of your father. You can seek partition of the property between you and your step -mother by filing suit for partition in a competent Court & also seek relief of cancellation of your step mother's illegal document.

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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