• Child rights on ancestral property

My Sister has obtained divorce in the court law from her husband about 1 year back and it was by mutual consent. During divorce she did not claim any alimony as he was never in good financial condition, but she took the custody of the only child and child support for education from her father at his convenience. The father did not attempt for the child custody and also any visitation requests.

The child is minor (12 yrs old ) girl born out of wedlock between my sister and her former husband.  

Now my sister's former husband is demanding for some sort of legal letter informing that their daughter will not claim for the ancestral property now or in future after becoming 18 years (major).
Though he does not have any property under his name, his mother has undivided property which she intends to divide among three sons respectively

Now my sister or her daughter does not have any inhibitions to have any sort of claims now or in future on any of his property once he gets on his name, she wanted to know 

if there is a way to get this legal letter as he is requesting ?

Do we need to approach the court once again for this agreement or can be done with a lawyer ?

Any advice on this will be really helpful
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) it is not ancestral property 

2) mother can execute a will bequeathing her property to her 3 sons 

3) she can also execute gift deed if she so desires 

4) your daughter will not have any share in said property during her father lifetime 

5) only on your husband dying intestate would she have any share on said property 

6) ask ex husband to forward draft of letter he wants you to sign 

7) no need to go to court 
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

 What the letter he asks is something illegal and has no legal holding as the child is minor now. Once she attain majority she has the right in the ancestral property , if any.

2. It is better to ignore him as there is no letter of assurance  can be given other than an assurance by the mother that she will not ask anything for her daughter.However the mother can not sign anything what daughter has to do once she turns major , as mother's signing will have no legal value. 
3. Ask him to prepare a letter and a legal document , tell him that your sister is ready to sign if he can get any document prepared.
4. There is no document can be obtained from court in nature of an court order  stopping the child from inheriting from its father or ancestor's property.
5. The father can disperse his property as he wants while he is alive, nobody can get any share in his self earned property until his death ,so he does not have to worry about sharing it with his daughter.  after the death of the father right will be  equal for all legal heirs including this daughter..
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

Hi, Son or Daughter have by birth have a right over the property which is belonging to the ancestral properties of the parents.
2. Daughter can relinquish her rights over the property when she attains the majority, till she attains majority don't sign the any agreement to relinquish her right and any agreement entered by the mother when daughter is minor then she can repudiates  the contact when she attain major.

3. So it is better don't sign any paper which relinquish her minor right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Dear Querist
because the child is minor now, so any adverse interest can not be permitted. if there is any ancestral property then the child may execute a relinquishment deed but after obtaining majority otherwise not.

it will be better to adopt the child from his biological father and present husband may be the adoptive father, this is the only way to get the legally documentation regarding the relinquished the  child's right on property.

you may contact a lawyer personally or contact over the phone after pay the consultation fee.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. No need to give any letter to your sister's ex-husband.
2. If your sister's ex-husband gets a share in his mother's property and if he dies intestate, then his daughter would get share in her father's property.
Shashidhar S. Sastry
Advocate, Bangalore
1633 Answers
107 Consultations

5.0 on 5.0

1. The daughter of your sister has an indefeasible share in the ancestral property of her father. If your sister issues the letter it would have the effect of relinquishing the share of her daughter in the ancestral property. 

2. If your sister wishes to relinquish the share of her daughter in the ancestral property then she can do so by executing a deed of relinquishment. She is not required to go to court. The only thing which she is required to do is execute a deed of relinquishment through her lawyer. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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