• Can my children claim any property or gift given to me by my parents from their self acquired money

I got mutually divorced in july 2018 with my wife after paying elimony ,mantaince of children upto her marriage, also 4 lac of marriage according to HMA . My girlchild is in custody of my wife foreever. Now she is deemanding more money by threathning that she will put me in false case in future again through children. IF my parents give their self acquired gift / money / property to me after my divorce then, Can my child claim in that even child is minor or after major ?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

No if it was self acquired property then it will be no matter of right for children to claim the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Children would not have any right over the property which has been inherited by you from your parents. It will be treated as a self acquired property only for which your children cannot assert any claim.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

During your lifetime your child has no share in property standing in your name 

 

2) once gift deed is executed duly stamped and registered you are absolute owner of property 

 

3) you can during your lifetime sell , bequeath , transfer to whom so ever  you please

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 Nobody shall have any right to the property gifted to you.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

you divorced with your wife. you cannot cut off your fatherhood from your child. if you  already paid maintenance charge of your daughter including expenses of her marriage, she will not be able to claim any maintenance from you but you will not be able to deprive from her claim over her father's property in absence of her father. it is immaterial that when and how you got the property.  

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Respected sir... 

You child can demand from only that property which is ancestral not that wich is acquired by you it's all up to you weather you give you child any property from your acquired property and even she don't have any Right.... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hello, 

Child can stake a claim in the ancestral property at any point of time but the child can not stake any claim in the self acquired property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No child has no right on yourself acquired property or property gifted by your parents to you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Self-Acquired Property received from Parents via a registered Gift Deed, legally becomes your absolute self-acquired property, in your hands.

2.  Nobody,  (even your divorced wife & minor /major childrens) can "EVER" claim anything from your such self-acquired property, atleast till you are alive.

3. The Children can claim your property AFTER your demise, ONLY "IF" you do not execute a registered WILL, in somebody's favor.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. After mutual divorce wife cannot seek more maintenance over and above the permanent alimony paid to her.

2. During your lifetime none of your heirs has any share in the property which may be acquired by you or transferred to you. You are free to dispose your property during your lifetime. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

during lifetime of father children dont have rights to claim in fathers property. even it is inherited or gifted. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your child have no claim in your property in your life time and only on/if your intestate death, she will inherit your property. No case maintainable except child can claim maintenance. One time settlement by mother on behalf of child is not binding.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Whether you have divorced your wife or not, neither your wife nor your children or anyone can claim any share n the property held by you as an absolute owner with clear and marketable title to your name.

This becomes your own and absolute property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No your children can't claim the property gifted to you by your parents without your consent as this property is deemed to be your self acquired property and not ancestral property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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