• Can child of divorced wife claim fathers self acquired or ancestral property during father’s life

Consider husband and divorced wife and child are Hindu.
Consider both Hindu and CrPc law
Please mention if the claims can be or can’t be made on self acquired or ancestral, residential or nonresidential property or all properties.

Can divorced wife claim of husband's self acquired or ancestral, residential or nonresidential property during the husband's lifetime according to present law in India? 

Can child of divorced wife claim of fathers self acquired or ancestral, residential or nonresidential property during the father’s lifetime according to present law of India? 

Is any new law is likely to be passed that gives the child of divorced wife right over fathers ancestral or self acquired, residential or nonresidential property during father’s lifetime?

Can the father legally nominate his ancestral or self acquired, residential or nonresidential property to someone else if he has child with his divorced wife?

Can wife or child of divorced wife can claim of fathers self acquired or ancestral, residential or nonresidential property after the father’s death if the father has nominate his self acquired or ancestral, residential or nonresidential property to someone else before his death?

Up to which age is the child/mother eligible for child support money if the child is admitted to college/University?

Does Courts allocate more than 1/3 of father’s income for child support and alimony of wife? What is the typical maximum amount 1/ 3, 1/4 , or ,1/5 of fathers income or even more than 1/3.?

In case if mutual divorce is there an option to be written in the divorce paper that she do not want any alimony for herself in case of working wife as a condition of mutual divorce? 

In case if mutual divorce is there an option to be written in the divorce paper that she do not want any alimony for the child in case of working wife as a condition of mutual divorce? 


If the wife or the child has converted to another religion before or after divorce then can a divorced wife claim of husband's self acquired or ancestral, residential or nonresidential property during the husband's lifetime according to present law of India? 

If the wife or the child has converted to another religion before or after divorce then Can child of divorced wife claim of fathers self acquired or ancestral, residential or nonresidential property during the father’s lifetime according to present law of India?
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

1) Can divorced wife claim of husband's self acquired or ancestral, residential or nonresidential property during the husband's lifetime according to present law in India?

no divorced wife has no share in husband any properties

2) Can child of divorced wife claim of fathers self acquired or ancestral, residential or nonresidential property during the father’s lifetime according to present law of India?

child has no share in self acquired property of father during his lifetime . he can claim share only in ancestral properties

3)Is any new law is likely to be passed that gives the child of divorced wife right over fathers ancestral or self acquired, residential or nonresidential property during father’s lifetime?

no such law giving share in father self acquired property during father lifetime

4)Can the father legally nominate his ancestral or self acquired, residential or nonresidential property to someone else if he has child with his divorced wife?

nominee is only trustee for legal heirs

Ajay Sethi
Advocate, Mumbai
94513 Answers
7484 Consultations

5.0 on 5.0

1)Up to which age is the child/mother eligible for child support money if the child is admitted to college/University?

child is entitled to maintenance till he completes his studies

2) Does Courts allocate more than 1/3 of father’s income for child support and alimony of wife? What is the typical maximum amount 1/ 3, 1/4 , or ,1/5 of fathers income or even more than 1/3.?

generally not more than one third income is given as maintenance

3) In case if mutual divorce is there an option to be written in the divorce paper that she do not want any alimony for herself in case of working wife as a condition of mutual divorce?

wife can give up her claim for alimony

4) In case if mutual divorce is there an option to be written in the divorce paper that she do not want any alimony for the child in case of working wife as a condition of mutual divorce?

wife can say that she does not want child support

5) f the wife or the child has converted to another religion before or after divorce then can a divorced wife claim of husband's self acquired or ancestral, residential or nonresidential property during the husband's lifetime according to present law of India?

conversion does not dis entitle divorced wife to claim maintenance from husband

6) If the wife or the child has converted to another religion before or after divorce then Can child of divorced wife claim of fathers self acquired or ancestral, residential or nonresidential property during the father’s lifetime according to present law of India?

child can claim maintenance even after conversion

Ajay Sethi
Advocate, Mumbai
94513 Answers
7484 Consultations

5.0 on 5.0

A child is entitled to the share in the ancestral property inherited by his father. A divorce between the father and mother does not deprive the child of his/her inheritance rights.

son can claim in biological father's or grandmother's property as their legal heir even after your divorce from your husband. After divorce only the relation between man and woman comes to an end, but the relation of father / mother and son / daughter remains unchanged.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Wife has no right of share in the property of husband. Though she has even after divorce has right of maintenance and residence rights as well.

2. The son has also no right of share in the property of father whether it is self acquired or ancestral if the year governed by Dayabhaga school of succession. if you are non Bengali and being governed by Mistakshahra then sons and daughters have share in the ancestral property of father. The male child has right of maintenance till the age of 18 years while female child till the date of her marriage. This is not changed whether parents are divorce or not.

3. The quantum of maintenance is 1/4th income of father/husband. All the terms and conditions while taking mutual divorce can be mentioned in the petition itself.

4. renunciation of the religion of Hinduism is a deterrent to seek inheritance from father.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

law is uniform all over India

2) you are governed by provisions of Hindu succession act

3) divorced wife or Child of divorced wife cannot claim share of your self acquired property

4) your child can claim share in ancestral proeprty only during your lifetime

5) alimony is at discretion of court depends upon your income , wife income standardof living etc

Ajay Sethi
Advocate, Mumbai
94513 Answers
7484 Consultations

5.0 on 5.0

In life time of father child have no claim in self acquired property but in ancestral property.

Divorce dose not end inheritance right of child.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Wife can claim maintenance even after divorce and biological child can always seek money and property throughout his life

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

as per hindu law your son/daughter has right over your ex husband properties if it is ancestral.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. wife, after divorce, is only entitled to maintenance from husband, subject to the existing provisions of law on the subject

2. similarly child will be entitled to maintenance from father

3. a divorced wife ceases to have any interest in the husband's properties after his demise as divorced wife is not a legal heir of husband

4. however the child of divorced wife can claim a share in the father's properties after his demise, provided father has not gifted the property in his lifetime or has not made a Will of his property

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Neither the wife nor their children can claim any share in his self acquired or inherited property, not at least during his lifetime.

The father can dispose his property to anyone of his choice by transferring the same to anyone of his choice by executing a registered deed during his lifetime. Nobody can challenge the same.

The child support can be given to the girl child till the time she lives in her father's house

The wife can seek maintenance till hr lifetime provided she is not married again after getting divorce or at her death.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Property which has remained undivided for four generations is ancestral property

2) in present case division has taken place during grandfather lifetime

3) children of divorced wife cannot claim share during grand father/ father lifetime

4) similarly your children cannot claim any share during your lifetime as it is not ancestral property

Ajay Sethi
Advocate, Mumbai
94513 Answers
7484 Consultations

5.0 on 5.0

Sir the wife and child has no right on the self acquired property of the father/husband in his life they have only right to maintenance in India.

However the child has right in the coparcenary property i.e joint Hindu ancestral property if any.

See there is no such talks in any of houses of the parliament to pass such law.

See based on nomination they can claim but if father makes a will then they cannot claim as nominee is trustee for legal heirs but if father makes a will of complete property in name of someone else then they have no right.

As per recent judgements child support can be given upto age of 25.

Sir the alimony and child support are given considering many factors like income of father liabilities need lifestyle there is no fixed formula for 1/3 or 1/4 in recent case supreme court however for alimony said that 25 percent husband salary and just and fair for alimony but that is also not hard and fast court analyse the individual case.

Yes in memorandum for mutual divorce it can be mentioned.

That she give up right of any maintenance/alimony along with the maintenance for child.

No on conversion they cannot ask for the property rights not even without it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Nature of the property is ancestral that has to be ascertained he can claim the property. When the child is major and above age 25 he cannot claim child support then even if he fails or doesn't do good in his career.

The wife can claim maintenance from the pension also but the amount may be accordingly reduced.

If the husband starts new family then he can file an application for reducing the alimony and the maintenance amount.

The law of divorce and child support are same everywhere in the India it is central legislation and the appeal in Supreme Court can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If property is partitioned between siblings then it is not the ancestral property and the child and wife has no right over it either in hand of grandfather or father.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If property was already partitioned between grandfather and his siblings, where is the question of claiming in that property now?

The father must have received his share on demise of his father. That becomes his self acquired property

The children of father, whether from divorced or non divorced wife, can then claim their share from above share by filing a partition suit

The exact share which can be claimed depends on total number of coparcenors

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Can childes of divorced wife claim on grandfather’s ancestral property during the life of grandfather/father? (if ancestral property was divided between siblings of grandfather)

No

What amount of share childes of divorced wife can claim on father’s ancestral property during the life of father? (if ancestral property was divided between siblings of father)

Is it likely 1/2 1/3 1/4 1/ 5 times of the father’s ancestral property.

What is father's ancestral property?

If the father acquired the property from his father then it will not be considered as ancestral property.

In the circumstance the child will not be entitled to any share out of its father's share of property.

What amount of share all childes (including childes of divorced wife and non divorced wife) can claim on father’s ancestral property during the life of father? (if ancestral property was divided between siblings of father)

Is it likely 1/2 1/3 1/4 1/ 5 times of the father’s ancestral property

The above answer suits this question too.

What amount of father’s ancestral property will be left on his own share after all the claims.

Is it likely 1/2 1/3 1/4 1/ 5 times of the father’s ancestral property.

Dont get confused by thinking all those irrelevant things, there is nothing like what you imagine.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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