Property Matter
Twinkle
(Querist) 18 June 2011
This query is : Resolved
Currently my father was expired. his two wife first wife is legaly married & stay in last 25 years in father-in-law home & my father & his second wife stay another. am only one daughter my legaly mother, second wife is four children...father have no property made, my grandfather home is only property...let me know who will get the propert n how?
R.Ramachandran
(Expert) 18 June 2011
You say that your father had no property. If that be so, then neither you, nor your step brothers/sisters will get any property.
Your step brother(s)/sister(s) are not entitled to a share in any other property other than their parental (i.e. your father's and their mother's) property.
Very recently, Supreme Court is of the view that such children should get the share not only from parental property but also from the ancestral property. However, this issue has not been finally decided so far by the Supreme Court.
If you are talking about the property of your grand father (i.e. your father's father) then nobody can get any share from the same so long as your grand father is alive. (You have not indicated whether your grand father is alive or not).
In case your paternal grand father is not alive, you have to indicate when did he die? Also whether before or after your father. Whether your father has/had any brother(s) and sister(s) and your paternal grand mother is alive or not.
Whether your paternal grand father left any will?
Twinkle
(Querist) 18 June 2011
My grandfather n grandmother both not alive.
Jitendar Kumar gupta
(Expert) 19 June 2011
it is advisable to ask your grandfather to execute a will in your or your mother favor to avoid future litigation.
J.K.Gupta Adv.
New Delhi
9868529732
R.Ramachandran
(Expert) 19 June 2011
Dear Mr. Gupta,
Probably you did not read the reply from Twinkle where she says that her grand father and grand mother have already died. Therefore the question asking the grand father to execute a will does not arise.
Arun Kumar Bhagat
(Expert) 19 June 2011
You ,your step-siblings and your mother will be eligible to get property in equal shares. Second wife is precluded.
J K Agrawal
(Expert) 19 June 2011
Well answered by mr Arun Bhagat. Illegitimate children also having title in property of father. it makes no difference that the property in his hands was his own or ancestral one.
Twinkle
(Querist) 19 June 2011
Dear Sir,
Agar 4 dusri aurat rakhi hoti to kya un 4 aurto k bachho k haq milta, ye to galat hai na, ek to mere baap ne puri zindgi hume kuch bhi kharcha pani nahi diya, sirf apne ma baap ki seva karne k liye chhod diya...aur apne un bachho ko engineer banaya..aur mai ek ladki thi uske liye kuch nahi kiya...to unko kyun hissa milega..25 saal ka hisab kaun dega...hume kabhi ek paisa nahi diya unhone...
