My claim of my shares in my fathers property

sumit karaniya (Querist) 14 March 2017 This query is : Resolved
I am son of my fathers first wife who is expired, after he has done second marraige from whom he has one child. So can I claim my share in the property.

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kavksatyanarayana (Expert) 14 March 2017
Is the property ancestral or not? If the property is self acquired, then your can give it to any person as per his will. if ancestral, all the legal heirs of your father have equal rights.

Kishor Mehta (Expert) 15 March 2017
Sir,
The property has to be distributed as per his WILL, if however he has demised intestate, all his legal heirs will share the property equally.
Good luck,
Kishor Mehta

Ms.Usha Kapoor (Expert) 15 March 2017
IF YOUR FATHER DIED INTESTATE YOU AND YOUR STEP BROTHER APART FROM YOUR FATHER'S FIRST WIFE AND HIS MOTHER IF ALIVE WOULD GET EQUAL SHARES AS ALL OF YOU ARE CLASS1 LEGAL HEIRS.SINCE YOUR FATHER DIED INTESTATE IT MAKES NO DIFFERENCE WHETHER IT IS SELF ACQUIRED OR ANCESTRAL.

Adv. Yogen Kakade (Expert) 15 March 2017
I totally agree with Ushaji. Nothing more to add.

Kumar Doab (Expert) 15 March 2017
It is believed that you are Hindu, the property is self acquired by father and he has not left any valid WILL.

Confirm!

Kumar Doab (Expert) 15 March 2017
The ClassI legal heirs of the deceased Hindu Male have first right and shall share equally e.g; Mother, wife, sons, daughters………………

You have posted that 1st wife has expired.

So it is 2nd wife that can have share, if alive.

Rajendra K Goyal (Expert) 15 March 2017
If your father is alive you have no claim on his self acquired property.

If he expired intestate, you can claim your share with other legal heirs.