Right of step. Son.
Mukesh
(Querist) 09 May 2017
This query is : Resolved
Hi sir.
My self mukesh from ludhiana.
My first mother has been. Expired in 1998..we are 4 brother and sister..
After that my fthr got married now she has one son from 2nd mother.
My father is govt employee in bsnl. Dept..
He is retired in last year in 30 june 2016
He get aprox 25 lacs.....
Retirmnt bbenfit...
And my father has 4 property all. Are in. 2nd mother name......
Can we have any right in Property of 2nd mother and father retirmnt benefit
As son of first mother.....
Sir kindly advice's I m. In very fought situation sir
We wait for ur revrt
Contact no. 991511581q
Rudrawar Narayanreddy
(Expert) 10 May 2017
Your father is alive. So you have no any right or share in retirement benefits received by your father. Regarding property if it is acquired by father in his name you have no right. If it has come to him from father grand father etc ancestral you have got right share in them and second wife and her children have no any right in them during your father father's life time.
Kumar Doab
(Expert) 10 May 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 10 May 2017
Wife, sons, daughters have NO forced share in self acquired estate/property of husband, father, respectively.
Your father has married after death of his 1st wife so his 2nd marriage is legally valid.
The 1st wife, 2nd wife, sons and daughters from 1st wife, 2nd wife, and mother of your father, are ClassI legal heirs of your father.
In case your father deceases without leaving a valid WILL and/or disposing his estate/property by a valid/registered deed, in his life time then his estate/property shall devolve equally upon his ClassI legal heirs.
Thus you may get a (equal) share.
Kumar Doab
(Expert) 10 May 2017
You have posted that:
“And my father has 4 property all. Are in. 2nd mother name...... “
Apparently there is some error.
Do you mean to say: ‘And my father has 4 property all. All Are in 2nd mother name......’
If yes: the 1st right on 2nd mother’s self acquired estate might be of sons and daughters born from her own womb.
Kumar Doab
(Expert) 10 May 2017
In case of Hindu Female the nature of property and source matters.
This if source is traced to from husband then heirs of husband may have share in absence of her sons and daughters.
Kumar Doab
(Expert) 10 May 2017
Did you biological mother leave any estate/property in her name?
If yes you ( amongst her sons and daughters) have a share.
Take up the matter with father and have your share.
Kumar Doab
(Expert) 10 May 2017
You have posted that:
"Sir kindly advice's I m. In very fought situation sir"
What exactly do you mean!
You and other sons and daughters of from 1st wife are not being maintained by your father?
Dr J C Vashista
(Expert) 11 May 2017
@ Mukesh,
1. Avoid SMS lngug which dfclt to ndrstd, form an opinion and advise as expected.
2. I fully agree with experts you have no right in retirement benefits of your father during his lifetime. Similarly self-acquired property of your father may be disposed by him as he desire.
3. However, you have a share in ancestral property devolved upon your father.
4. Discuss with your father and step- mother/ her off springs (yr bro & sis)for a share.
Kumar Doab
(Expert) 11 May 2017
Thanks for agreeing Dr J C Vashista.
Guest
(Expert) 12 May 2017
Agree with Experts
Kumar Doab
(Expert) 12 May 2017
Good to see expression of agreement with experts.
