Property distribution
vikram
(Querist) 03 May 2016
This query is : Resolved
Hi experts..
My father did two marriages, my mother was died after i was born, then my father did second marriage. He has three sons from second marriage and one from first marriage.
Then how can my father divide property legally.
Thankyou.
Kumar Doab
(Expert) 03 May 2016
It is believed that you are Hindu.
If these are self acquired/earned properties then no one has forced share in it in his life time and owner can dispose by sale/mortgage/WILL/gift etc to anyone.
By his sweet will he can divide equally amongst ClassI legal heirs i.e.surviving wife and mother, and all children.
If he deceases without disposing the properties/estate and leaving a valid WILL then ClassI legal heirs i.e.surviving wife and mother, and all children, shall have equal share.
vikram
(Querist) 03 May 2016
Thanks for your response sir...
The whole property is ancestral.
And if my father resister all the property to name of my step brothers then what can i do?
Adv. Yogen Kakade
(Expert) 03 May 2016
If it is an ancestral property, then your father cannot transfer entire property in the name of your step mother. But shall be divided among the successors as per the provisions of Hindu Succession Act. You can also file partition suit now if you feel necessary. Contact a good lawyer for the same.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Kumar Doab
(Expert) 03 May 2016
You may better show the chain of ownership of property to an able counsel specializing in family/property/revenue/civil matters and give inputs in person and understand the nature of property, options,remedies and merits, before proceeding on your own and antagonizing the parent and precipitating a dispute.
Once you have understood you may proceed under expert advise of your counsel.
vikram
(Querist) 03 May 2016
Thanks to all.
ranjan kumar
(Expert) 03 May 2016
in case of ancestral property , you are an equal share holder and if father tries to give it to any of the brothers then you can file partition cum injunction suit.
Advocate Bhartesh goyal
(Expert) 03 May 2016
