Do i have any legal claim on my father property
Kumar
(Querist) 10 April 2016
This query is : Resolved
Sir,Iam hindu and belong to varansi UP. I lost my mother at the time of my birth and my father remarried and has got one son and one daughter, My step mother would never want my father to give any share from my father's property and my father is buying all the property in my step mother name . I had been deserted from my family at the age of 14 year and my father made my separate arrangement and borne my all the basic expenses. But my father has broke all communication once I started my job and started earning. I just want to understand my legal status in my father family in term of his self acquired property. Do I have any legal claim on my father property,. I don't have any ancestral property much?
Kumar Doab
(Expert) 10 April 2016
It is believed that you are Hindu.
You have posted that all properties are self acquired and your father has born your basic expenses implying has maintained you.
You have no forced share in your father's life time.
If your father is deceased without disposing his properties in his life time by WILL, sale, transfer etc then you will have equal share along with his spouse, children.
Try to gather information if your father has other assets e.g. Life Insurance, bank deposits, locker etc............In such assets if valid nomination exists then after death although institution can discharge its responsibility by making the payment ot nominee, however you can claim your share from nominee or obtain court order and obtain from institution.
In case of married Hindu female the property given to her may become her absolute property.
If your stepmother is deceased without disposing her properties in her life time by WILL, sale, transfer etc then children from her own womb may have first right.
You may collect all the information that you have and share with an able counsel specializing in family, property,revenue,civil matters and your lawyer can opine finally to you.
Try to convince your father to give a share to you. After all you are his flesh and blood.
Rajendra K Goyal
(Expert) 10 April 2016
During life time of your father you can not claim his property.
If he does not bequeath a will, you can claim equal share like other legal heirs after him.
You have no claim on the property in the name of your step mother, she is free to give it to any one she like.
Adv. Yogen Kakade
(Expert) 11 April 2016
Rightly guided by the experts above.. nothing more to add
Sudhir Kumar, Advocate
(Expert) 11 April 2016
you cannot claim any property which your father voluntarily purchases in name of step-mother.
malipeddi jaggarao
(Expert) 11 April 2016
Agreed with the advice of Mr.Kumar Doab and Mr.Sudhir Kumar.
Kumar
(Querist) 16 April 2016
Thank a lot.....But i am really hopeless with the system that a child is not protected. I had very traumatic childhood and a highly abused life given by my father and step mother, They had beaten me till my last day of graduation.even after that also but still our so called society and law never come forward to protect the interest of such a abused child.
Kumar Doab
(Expert) 16 April 2016
You could have filed complaints/cases of domestic violence etc.
However your initial query has been replied.
Try to be self sufficient and self dependent and enjoy your independent and financially stale life.
