On demise of father mother is natural guardian of child
2) grand parents can make application for custody of child
3) on demise of father grandmother , widow mother , 2 children would inherit father property
About child custody and property
Child is of 15years.Her mother left the child and her father and sister 3 years back having affair with other guy. now child father has expired.now child sister is of 19 years who is leaving with her grand mother and grand father.now child is also willing to stay in her grand mother house. But child mother is asking to stay with her because of the property.and the child is not willing to stay with her. Is there any provision that child can stay with her sister,grand mother and grand father. And the rent what his father was getting should be deposit to both children account not to her mother's account
Asked 6 years ago in Family Law
Religion: Hindu
18 Answers
Dear Sir/Madam,
After the death of father all the surviving three are entitled to share. If mother is leading adultery life then she has no right over the property or rents of her late husband. Son can reside with whom he likes.
If the mother comes and ask for house keys.what we should do.and mother is not legally divorce.
Asked 6 years ago
No mother can't force both child as one is major and the boy is going to become major so court will listen to children and not mother.
Mother is entitled to equal share in property
give her one set of house keys
See grand parents can continue having custody of child they can file a.custody petition before the court also the child since 15 years of age can record statement before the court.
As far as rent is considered since they are not legally.divorce the mother will also have share in property , the sister and child can receive maintenance of.there share in there account.
Ask her to get court order the sister and child along with grand parents can occupy the property.
The property left behind by the deceased father shall devolve equally on all his legal heirs i.e., his wife and children.
Therefore the wife of the deceased will automatically be entitled to a legitimate share out of her decesed husband's property.
The child being 15 years of age can choose to live with his grandparents also and can refuse to go with his mother citing her immoral life.
The grandparents can claim guardianship of the child for the same reason.
The mother is entitled for a share in that house property, however if there is a dispute, she may be asked to approach court for claiming her share in the house property.
1. Legally, the Mother (even though she has abandoned here husband's house for another affair) is still the Legal Heir of her Husband alongwith with the now Major Child.
2. Legally, nobody can stop her from taking custody of Child and Possession of House.
3. However, Grand Parents can move the Civil Court, for restraining orders on such Mother, on grounds of another affair, left home, etc.... AND seek directions of court to transfer property /rent in name of child. The Grand Parents can be her Legal guardians. This can be done.
The mother deserted her husband and ran away with someone else. Therefore she cannot come back now and claim her share. The property is ancestral and hence she doesn't have a share only the grandchildren have a share.
Also if the child is a major then he/she can decide with whom to live. Even the court won't allow her to live there as she abandoned her family.
If there is no divorce between the husband and wife before wife left and the child was living with her she have all the right to live with him in the same house which is her matrimonial house because she have all the rights of wife even if she was living separately during the lifetime of her husband law is on the side of the wife as rights as wife are still prevailing and she will have one share of the property of her husband along with the children that includes the ancestral property as well
Yes, after father, mother is guardian of child but in this case mother has neglected the child. You refuse her any contact from child. Let her go to court, there submit above facts. Court will refuse her sole custody and will only grant visitation right AND not to live with child.
Hard to accept but after husband demise, wife entitle to inherit his assets. Husband assets will divine by 1/4th share each - Mother, wife and children.
Don`t give her keys. let her get order from court.
- Under Hindu law, A mother usually gets custody of the minor child, under the age of five and fathers get custody of older boys , but it is not a strict rule and is primarily decided based on the child’s interests.
- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Since, after the death of father , the child is willing to stay in her grand mother house, hence the child will be allowed to continue with her legally.
- Further, since the mother is having affair with other guy , hence also she cannot be a perfect guardian as well.
- Further, as per law, the property left behind by the deceased father will be devolved equally on all his legal heirs i.e., his wife and children.
- Hence, deceased wife is also entitled to claim her share in the assets/property left by her deceased husband.
Yes she can stay with the grandmother but the grandmother or sister needs to file custody petition in court
Generally, the factors a judge will consider when determining the best interest of a child.
Mother can claim equal share, she can claim her share through court.
Yes grandparents and sister can file petition against mother for getting legal custody of minor child on ground of adultery of mother.
Ans yes sister can also file petition for deposition of rent in their account after demise of father.
Dear Sir
If the child is 9 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is or older, the judge may consider the wishes of the child. If the child is 9 or older, the judge may consider the wishes of the child.
- generally, the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother.
- Courts in India have therefore tended to give custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection.
- courts give their decision on child custody based on various aspects that deal with the welfare of the child. These factors include the character of the parent, economic conditions of the parents, any specified ‘will’ of a deceased parent, the moral environment at home, age and sex of the child and so on.
- Children’s preferences are generally considered after 9 years of age. Some archaic considerations still remain, which means that in case of remarriage of a woman, generally custody is not granted to her while it may be granted to a father who remarries, especially if the second wife cannot give birth.
- There are two types of child custody which may be granted. One is ‘sole custody’ where only one spouse gets the physical custody of a child. The other is ‘joint custody’ where both the spouses share the custody of the child.
