Legal Question in Family Law in India

I have a 13 year old daughter and have been divorced for the past 8-9 years. her father has not asked for visitation or custody rights. i have full custody. if any thing happens to me, ie, i die, who would get custody of my daughter. can i make a will so that my brother and his wife would get her instead of her father as he has got married again and i dont want my daughter to be brought up by him and his new wife. BTW, there is nothing wrong with me healthwise, but life being so uncertain i want to make sure that things are fine for her if anything untoward happens. also land that is in my name would go to my daughter right?

kindly advise.


Asked on 8/05/13, 2:01 pm

2 Answers from Attorneys
prasad patil

dear client u can make such will about custody of yr daughter. if that unfortunate even will occur then court will ask yr daughter to whom she would like to reside. but always think positive. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 8/05/13, 10:40 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may make a will about your property but not about custody rights. After you, child's father will get the custody, unless someone else, e.g. your parents, seek guardianship rights.

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Answered on 8/06/13, 1:50 am


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