Legal Question in Family Law in India
I am divorced with my daughter living with her mother. I got a match where the lady is a widow and she has a 5 year old son.
will he be entitled to my property which has not been transferred to my name ...It is still in my father's ( transferred from my grandfather). we are two brothers..me being eldest, my brother doesn't have kids yet ..he is recently married.
As I have a daughter to whom I am supposed to give a share in property, I want to put forward a condition that prospective lady's son may not have any right on the ancestral property ...but may be in future I can purchase some property/investment for him. Can I make some kind of an agreement in this regard before marriage with the lady ( match).
Please help.
2 Answers from Attorneys
once you marry that lady, her son automatically acquires the share in the ancestral property and no such condition would be valid. both, your daughter from divorced wife and son from prospective wife would have equal share.
I do not agree with the above opinion. Unless you adopt the son of proposed lady, he will have no legal right to inherit your ancestral property and only your daughter or any child born of you from second wife may have those rights. Therfore, if you do not adopt this boy, he will have no share in your ancestral property. Even otherwise, you may not be entitled to adopt this boy as your son without consent of his biological father.
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