• Property rights of girl child on her fathers property after divorce

My Sister was divorced in 2002. but before the divorce a female child was born in 2001. The Divorce was mutual and the judgement says that all dues are settled and no claims are pending from the wife's side.

Now can the Daughter (now aged 14) claim the property of her father/Grand father?

The Grand father dies some years back and as of now we do not know who owns the property. Initially the property was in the grand fathers name.

Asked 2 years ago in Property Law from New Delhi, Delhi
Religion: Sikh
The grand daughter has no rights in the grandfather's self acquired or own property.  Upon his intestate death his legal heirs shall acquire his properties.  
If there was no arrngement made to give away some property by the father of the child to it during divorce, she cannot claim any property as a right now. 
T Kalaiselvan
Advocate, Vellore
36746 Answers
403 Consultations

5.0 on 5.0

1) granddaughter has no right in self acquired property of grand father 

2) on grandfather demise property would devolve on grandmother , father and his siblings 

3) only if father dies intestate would daughter have share in property as legal heir 
Ajay Sethi
Advocate, Mumbai
46626 Answers
2757 Consultations

5.0 on 5.0

The daughter of divorced husband can claim for her maintenance as well. She better pray for monthly maintenance which is much easier and expeditious to get.
The claim in property is much complicated task which is done through partition suit which takes decades together to see final result.
Devajyoti Barman
Advocate, Kolkata
13109 Answers
174 Consultations

5.0 on 5.0

1. Divorce does not terminate the legal relationship between children and parents under Hindu law. So the daughter of your sister can claim a share in the property of her grandfather through succession alone i.e if her father dies intestate and not otherwise. 

2. During the lifetime of father the daughter has no share in his property.

3. Who owns the property can be ascertained by carrying out a title search of the property in the office of sub-registrar.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Hi, your daughter has every right to claim the share of the property of her father whether it is ancestral property. 
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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