right in father's property
4 years ago
Mr.A has divorced 1st wife and married 2nd wife. He had children with first wife . The custody of children with 1st wife was given to 1st wife at time of divorce and Mr. A has also paid lump sum consideration at time of divorce. Mr.A is living with his second wife and has children from 2nd wife , now whether 1st wife children or 2nd wife children has right in Mr.A property which is aquired after divorce with 1st wife in case of death of Mr.A.
Suneel Moudgil
Responded 4 years ago
A.According to the Hindu Succession Act, 2005, the children of the second wife have equal rights as the children of the first wife on their father’s (self-acquired and ancestral) property.
Children from both the marriages counts among the legal Class I heirs and will get equal rights in the property.
Children from both the marriages counts among the legal Class I heirs and will get equal rights in the property.
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Anoop Singh
Responded 4 years ago
A.Hello,
Shallen
Both children have right to property from Mr A.
Lump sum consideration had been given to wife not children.
Shallen
Both children have right to property from Mr A.
Lump sum consideration had been given to wife not children.
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A.Dear Sir,
The terms of divorce will prevail. Normally the rights of children of first wife well be settled in the alimony given to their mother.
The terms of divorce will prevail. Normally the rights of children of first wife well be settled in the alimony given to their mother.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Shaleen,
What was the nature of divorce? how older was the child?
In my humble opinion:-
A divorce is an end of the relation between husband & wife, but the biological relation and claims remain the same.
A child is entitled to the share in the ancestral property inherited by his father and grandfather. A divorce between the father and mother does not deprive the child of his/her inheritance rights.
What was the nature of divorce? how older was the child?
In my humble opinion:-
A divorce is an end of the relation between husband & wife, but the biological relation and claims remain the same.
A child is entitled to the share in the ancestral property inherited by his father and grandfather. A divorce between the father and mother does not deprive the child of his/her inheritance rights.
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