share in property

Querist : Anonymous (Querist) 25 May 2011 This query is : Resolved
sir/madam
my father had 2 wives i am from 2 wife. my father died in 1982.till now my step brother have not given us our share in my fathers property.can i file a legal suit in court now.pls advice
thank u

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Devajyoti Barman (Expert) 25 May 2011
Yes you can file a suit for partition of your father's property to claim your due share in it.

R Kumar (Expert) 25 May 2011
Yes, you can file suit for partition in the Civil Court If you are governed by Hindu Law. According to the Hindu Marriage Act son or daughter of second wife have right to claim share in the property of his/her father. According to you disputed property is ancestral property in which you can claim share. Therefore file a civil suit for partition and then you can get property.

R.Ramachandran (Expert) 25 May 2011
Dear Mr. Kumar,

You are quite right when you say "According to the Hindu Marriage Act son or daughter of second wife have right to claim share in the property of his/her father."

Here the property of the father (in fact it should be 'parent(s)') refers to the self-acquired / self-earned property and NOT 'ANCESTRAL PROPERTY'.

But in the next sentence, you say that "According to you disputed property is ancestral property in which you can claim share."

I am afraid, yor are not right when saying that the querist can get the share in "Ancestral property".

In fact, only very recently (see the attached file) Justices G.S.Singhvi and A.K.Ganguly of the SC felt that illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral.

But since the earlierdecisions of the SC was in variance with their view, they have requested the CJI to constitute a larger bench to decide the issue.

Until the decision of the Larger Bench arrives, the legal position is that the persons like the querist cannot claim any share in the Ancestral Property.

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