• Status of the property

1. What will be the status of the share of the property of two kids (4 years old daughter and 1 year son) in below case

a. Father of the above kids may get imprisonment of 7 years or more on account of accuse under section 304 B dowry death of their mother .

b. Mother expired in dowry death case. 

.2 . What is the procedure to know the actual assets and property of father of the kids to be claimed by maternal grand parents of kids for kids only. (please quote the rule or section)

3. Maternal grand parents of the kids want that inlaws of their daughter dont do any injustice to kids of their daughter in future, so want to get the clarification on status of the property of kids to be claimed from inlaws of their daughter. what is the procedure to claim the property on the name of kids from inlaws of their daughter. (please quote the rule or section)

4.what are the remedies available in favor of maternal grand parents (please quote the rule or section), as paternal grand parents want to look after the kids but maternal grand parents of the kids want to keep an regular eye on the care of the kids to be done by paternal grand parents.
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1. Even if the father gets life imprisonment his assets, movable or immovable, cannot be uprooted from him. Nobody loses his property on account of a criminal conviction. During his lifetime, unless he makes a deed of transfer, he shall remain the absolute owner of his self acquired and separate properties even if he spends his entire life serving a sentence of life imprisonment.

2. Children have no share in the property of their father during the lifetime of latter. Only if he dies intestate then his properties will devolve through succession on his children equally.

3. The maternal grandparents are, however, at liberty to file a petition for child custody and guardianship to secure the welfare of kids.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If the proeprty of father is his elf acquired then he will continue to be the owner of his properties. Conviction will not relinquish his title in the proeprty.

2. There is no law by which you can know his assets.You have to search for it manually .Do note even if you come to know about his properties and liquid assets you can do nothing with those even for the sake of his children or on behalf of them.

3. same as above

4.If you are so concerned about them then bring the children to your custody and maintain them. if their paternal grand parents do not give the custody then you can file suit for custody of them.

This apart you can do nothing.

Devajyoti Barman
Advocate, Kolkata
23128 Answers
505 Consultations

5.0 on 5.0

during father lifetime children have no share in father property

2) children are only entitled to maintenance from father

3) maternal grand parents cannot father property for the grand children

4) maternal grand parents cannot make any claim from paternal grand parents

5) father of children has not yet been convicted . trail takes years to be disposed of

Ajay Sethi
Advocate, Mumbai
96205 Answers
7741 Consultations

5.0 on 5.0

1. The father of the kids have got jail term but he is still alive.

2. Children are not entitled to any share of their parental properties during his lifetime.

3. they can claim the share of their father's property only after his demise, intestate.

4. Since the father being in jail is still the owner of his properties, no body can claim any share of his property.

5. If maternal grandparents want custody of the children, they shall have to file an application for that and also can file an application for visitation right but they will not be able to get any supervisory right on the upkeepment of the children by their paternal grandparents.

Krishna Kishore Ganguly
Advocate, Kolkata
27345 Answers
726 Consultations

5.0 on 5.0

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