My husband divorced his first wife in 2008 and reached a one-time settlement. He has a son from that marriage, and his ex-wife has remarried. We legally married in 2012 and have a son together. What are the rights of his son from the first marriage regarding property? If the son states he doesn’t want anything from his father, can he still claim inheritance later?

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Law Forum › Category: Divorce › My husband divorced his first wife in 2008 and reached a one-time settlement. He has a son from that marriage, and his ex-wife has remarried. We legally married in 2012 and have a son together. What are the rights of his son from the first marriage regarding property? If the son states he doesn’t want anything from his father, can he still claim inheritance later?
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Apni Law Staff asked 2 years ago

My husband divorced his first wife in 2008 and reached a one-time settlement. He has a son from that marriage, and his ex-wife has remarried. We legally married in 2012 and have a son together. What are the rights of his son from the first marriage regarding property? If the son states he doesn’t want anything from his father, can he still claim inheritance later?

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Apni Law Staff answered 2 years ago

Under Indian law, your husband’s son from his first marriage is entitled to a share of his father’s property as a legal heir, even if a one-time settlement was reached during the divorce. The son’s statement of not wanting anything now does not waive his inheritance rights, and he can claim his rightful share later.

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मेरे पिताजी ने 20 साल पहले माँ के गुजर जाने के बाद दूसरी शादी कर ली, जो पहले से तलाकशुदा थीं। उनकी एक बेटी है, लेकिन वो हमेशा झगड़ती रहती है। बस पिताजी की संपत्ति हड़पने में लगी रहती है। पिताजी ने उन्हें सब कुछ दे दिया। मैं अपने चाचा के साथ 12 साल से दिल्ली रह रहा हूँ। पिताजी की जान खतरे में है, वो उन्हें बीमार कर चुकी हैं, उनकी नज़र पिताजी की संपत्ति पर है। दोनों बेटियों ने मिलकर पिताजी पर डंडे से वार किया है। पिताजी को डायबिटीज के कारण जुकाम हो गया है, लेकिन वो दवा भी नहीं देती हैं। क्या मुझे जाना चाहिए? क्या मैं पिताजी को अपने साथ दिल्ली ला सकता हूँ? संपत्ति में किसका कितना हिस्सा होगा? क्या तलाक हो सकता है?

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Previous Article My wife, with her brother’s support, has filed a case against me, including charges like dowry harassment and domestic violence. We have a three-month-old son. After two years, we reached a compromise and I’m now living with her mother. However, they’ve now filed a new case demanding I secure property from my parents. What should I do?
Next Article My elderly uncle in Kolkata wants to give me his house. He’s prepared a will for this. However, a friend advised me that a will might not be the best option, suggesting a gift deed instead. He worries that other relatives might challenge the will in court, accusing me of influencing my uncle. My uncle and I are confused. Which is the safer route? Some say both options are good, while others advocate for the gift deed. Any advice?

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