Legal Question in Family Law in India
with the context of the question divorce is going on can minor children demand share when fathr is alive and after divorce second marriage will be and childre en will be so how can share be divided mr lovkesh and mr sanjay clear ancestral mean property of grand fatherof grand child
Asked on 7/07/12, 12:44 am
3 Answers from Attorneys
If t property Is ancestral from four generation then child belong to family and can claim through natural guardian
Answered on 7/07/12, 1:12 am
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
i agree with Adv Gupta
Answered on 7/08/12, 4:42 am
Vivek Mapara
Vivek N. Mapara
Though i agree with my both Learned colleagues, but there are conflicting laws in different states, that till the father is alive, children cannot file suit for partition. There are judgments of Gujarat High Court and P&H High Court to that effect. However, some high court's have also take contrary views.
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Answered on 7/08/12, 7:29 am
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