• Property claim by kids from previous marriage

My cousin is divorced ,his exwife has custody of kid and dont have contact for last 20 years.he is now married and has kids.He owns a property onin his name and other one with his current wife.what they should do legally so that kid from earlier marriage cant claim on property after him.
Asked 2 years ago in Property Law from Greater Mumbai, Maharashtra
Religion: Christian
Children have no share in the property of their parents during the lifetime of the latter. Your brother may make a will to exclude his child from the first marriage from claiming a share in his property after his demise.
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

1) your cousin can execute will wherein he bequeaths his properties to his second wife and kids from said marriage 

2) appoint some close family relative as executor of the will 

3) will should be attested by 2 witnesses 

4) registration of will is optional 

5) you don't need any back up will 

6) in the alternative cousin can execute gift deed in favour of his second wife and children 


7) gift deed should be stamped and regd 
Ajay Sethi
Advocate, Mumbai
38841 Answers
2178 Consultations

5.0 on 5.0

If your cousin decides not to give his property to the child from his first marriage, then he can very well make a testamentary deposition of al his property by executing a will bequeathing his entire property in favor of the beneficiaries of his choice and get it registered.
This way he can protect the interest of the property as well his own children.
T Kalaiselvan
Advocate, Vellore
28842 Answers
300 Consultations

5.0 on 5.0

I do not belong to Mumbai.  You can contact any expert lawyer of this portal for the services desired. 
In the Will itself the guardian for the minors or an  administrator can be mentioned   to avoid the foreseen problems.
T Kalaiselvan
Advocate, Vellore
28842 Answers
300 Consultations

5.0 on 5.0

my office is located in mumbai . you can contact me by obtaining my address from the website 
Ajay Sethi
Advocate, Mumbai
38841 Answers
2178 Consultations

5.0 on 5.0

If the property is self acquired then the father during his lifetime can trasnfer the same to anyone he chooses.
However considering his untimely death then the succession opens to his children out of earlier marriage To prevent this possibility he cna during his lifetime execute a Will or family deed of settlement.
More than one Will has no meaning as it is last Will which takes into effect.
Devajyoti Barman
Advocate, Kolkata
10780 Answers
134 Consultations

5.0 on 5.0

You can execute a single will to create a trust to manage the property after your lifetime. The will should be probated if it is a property in Mumbai.
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

HI sir/madam, I can understand your point of query. India Succession Act, 1925 is attract to the Christian. But the Christian person got the property through any source it will be treated as Self Acquired Property of him. When the christian person died without WILL at that time only got the property of his legal heirs. In your matter as per query, you have to entitled to disposal of your property as you like. You have to make a WILL or to make trust as per wishes of him the property will disposal/maintain as he like. You can contact a lawyer for this purpose they will help and giving their legal service.   
C. V. Jadhav
Advocate, Bangalore
311 Answers
12 Consultations

3.9 on 5.0

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