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My divorce was finalized in November 2011. Due to career challenges, family support issues, and practical difficulties, I had to agree to my ex-husband having custody of our 6-year-old son. Now that I’ve built a successful career and can provide for him financially, can I seek custody? Would I automatically gain custody if my ex-husband remarries? Please advise.

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While it’s advisable to thoroughly scrutinize the BBA, negotiating favorable clauses can be challenging due to pre-printed terms and limited bargaining power. Indian law doesn’t mandate specific clauses or provide buyers with significant leverage. While avoiding signing might seem appealing, it’s not a practical solution. Courts have ruled on disputes arising from BBAs, often upholding the terms as agreed upon, even if unfavorable to buyers.

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