Legal rights of children from first marriage after divorce
3 years ago
I am going for divorce and I do have a daughter of 4 years old. I have not decided yet whether I should take monthly maintenance from my husband or one time alimony. Whether it's a monthly maintenance or one time alimony , my husband told me that he will also give his complete share from his ancestral property to my daughter now.
Hence my questions are -
1. if my husband go for a second marriage and have a baby with his second wife again, can my daughter still claim again from his future property, savings or assets even after getting her portion of ancestral property and alimony during our divorce ?
2. If yes- To avoid such claims from my daughter, can my husband who will be my ex husband after divorce, prepare some document or Wheel kind of document so that no such claims can be made by my daughter on his future flat investments , future properties with his second wife, future savings or funds with his second wife ?
Firstly, I would advise getting monthly alimony payments as they can provide more security and are easier to obtain.
1. Your husband has already agreed to pay you maintenance and give your daughter his entire share in the ancestral property. What he does with the remainder of his assets is his business.
2. He can do whatever he wants with his property. If he dies intestate, then your daughter can make a claim for his assets as a legal heir. But if he has a will, he can distribute his property in any way and to whomever he deems fit.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Firstly, I would advise getting monthly alimony payments as they can provide more security and are easier to obtain.
1. Your husband has already agreed to pay you maintenance and give your daughter his entire share in the ancestral property. What he does with the remainder of his assets is his business.
2. He can do whatever he wants with his property. If he dies intestate, then your daughter can make a claim for his assets as a legal heir. But if he has a will, he can distribute his property in any way and to whomever he deems fit.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
2. No separate documents needed except (mutual) divorce decree.
but children from 2nd marriage can claim share from his ancestral property because he have no right to transfer it as per his choice.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
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