We are divorced. Can my son claim right in his grandfather's property?


My ex-husband had committed for child education support during divorce and after the divorce was signed he has not been sending the amount for the child's support. How can I fight for my child's rights?

 

My divorce happened in 2009 and my ex-husband stopped sending me the committed money as mentioned in the divorce papers in 2009 itself.

 

Can I now claim for my child's rights on his grand father's property?

 

Answer

 

As per your query, we appreciate that a certain amount has been quantified in the divorce settlement, however, we would be able to help you better if we are able to go through the entire terms and conditions of divorce.

 

Still, to enforce payment of amount quantified / agreed upon by your husband, a contempt petition can be filed in High Court and the Court has ample power to get the same done.

 

We can also file an execution petition for recovery of the amount, before the court which granted the divorce. If there has been any communication from your end, seeking  a particular amount towards the child's education, the same would be a great help. We would also require the bill for the expenses.

 

Further, your child, till your ex-husband is alive, cannot seek any share in the grand-fathers property, as he does not fall in the Class I legal heir category. However, if you can show that the grand father had also obtained the property from his ancestors, then yes, the eligibility arises and can be claimed for.

 


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