I am a divorcee with two children. If anything unfortunate happens to me, can my ex-husband claim a share in my estate? Will my children inherit property from my ex-husband should he pass away?
We assume that you and your ex-husband are Hindu. In case of the unfortunate circumstance that you pass away without making a valid will, your ex-husband will not be entitled to inherit from your estate and cannot claim a share in your property. This is because, once a divorce is finalised, spousal relationship does not legally survive and mutual rights of inheritance in each other’s property get extinguished.
Regarding your children, given that a divorce only severs the relationship between the spouses and not between the parent and the child, your children will continue to have the right to inherit your property as well as that of their father.
If you have not remarried when you pass away, then your entire property will go to your children in equal proportion.
Also Read: A basic will may not always protect your family. A conditional will can help.
If your ex-husband passes away without leaving a will, your children from the marriage will be recognised as class-I heirs of your husband, and their shares in his property will depend on the other class-I heirs who survive your husband, which may include his mother, his wife (if he remarries) and his other children (if he has any upon remarriage). Your children will also continue to remain members of any Hindu Undivided Family (HUF)/ coparcenery (joint heirship) of your ex-husband’s family.
This analysis will be different if you or your ex-husband make a valid will, in which case, the persons who will inherit your respective property will be those who are named in the will.
You should consider making a will so that your property devolves to persons whom you choose as successors, and there is no confusion as to who would inherit it.
Shaishavi Kadakia is a partner and Sachi Shah is an associate at Cyril Amarchand Mangaldas, Mumbai.