• Divorce settlement

Sir
m brother is going to get divorce from his wife on one time settlement basis
since last 7 year the case was going on we still pay Rs 10000 per month

after one time settlement can his wife and daughter raise demand in property or in any manner pls let me know
Asked 1 year ago in Family Law from Thane, Maharashtra
Religion: Hindu
Hi, you have to enter into agreement in the court that after one time settlement wife can't claim anything.

2. As per law once you paid lump sum amount they have no right to claim amount. as far as property is concerned wife has no right to claim share in the property but as the daughter has every right to claim share in the ancestral property.
Pradeep Bharathipura
Advocate, Bangalore
4371 Answers
178 Consultations

4.3 on 5.0

1) i presume it is self acquired property of brother 

2) wife and daughter have no share in self acquired property of brother during his lifetime 

3) only if your brother dies intestate would his daughter inherit his property 

4) divorced wife would not inherit any property of your brother 
Ajay Sethi
Advocate, Mumbai
35212 Answers
1954 Consultations

5.0 on 5.0

 Your brother's  daughter can claim right limited to her share in the ancestral property if it is there.
Shashidhar S. Sastry
Advocate, Bangalore
1472 Answers
91 Consultations

5.0 on 5.0

After mutual divorce the rights of his ex wife and daughter will be governed by the MOU executed between them on the basis of which the court will dissolve the marriage. However, the daughter will continue to be a legal heir to your brother who can succeed to his property irrespective of the dissolution of marriage of her parents.
Ashish Davessar
Advocate, Jaipur
21356 Answers
572 Consultations

5.0 on 5.0

Hi
the right of maintenance is different from right to property. 
In any divorce proceedings, it starts with right of maintenance and ends up with partition suit claiming both ancestral and self acquired properties of the husband. 
So, if you are having a compromise agreement you need to be clear on 
a) maintenance of wife(whether life time or till her remarriage)
b) maintenance of daughter(need to consider medical expenses, education and marriage).
c) Property rights (self earned and ancestral) 
d) Child custody and visitation rights in case child is with mother

Hope this helps;
thanks
Rajgopalan Sripathi
Advocate, Hyderabad
1118 Answers
103 Consultations

5.0 on 5.0

1. Wife and daughter have no claim on her husband's properties during his life time,

2. They can raise her claim on his properties if he dies intestate,

3. You can accet the one time settlement proposal provided the same has been directed by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
15135 Answers
366 Consultations

5.0 on 5.0

m brother is going to get divorce from his wife on one time settlement basis
since last 7 year the case was going on we still pay Rs 10000 per month
after one time settlement can his wife and daughter raise demand in property or in any manner pls let me know

In the self acquired property of your brother nobody including his wife, child or his parents can claim any share in the property, whether it is post divorce or without divorce. He is the absolute owner of his property, he can very well deny or refuse his daughter's claim too. 
T Kalaiselvan
Advocate, Vellore
25185 Answers
247 Consultations

5.0 on 5.0

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