Querist :
Anonymous
(Querist) 29 June 2011
This query is : Resolved
sir, my father had 2 wives i am from 2 wife.my father died in 1982.1 was 7 yrs at that time.after my fathers death my step brother used to look after the property.now can i file partion suit for property and can i get injunction or stay order from court so that he dont sell off all the property.
Devajyoti Barman
(Expert) 29 June 2011
Yes, injunction should be granted if you present a prima facie case.
Guest
(Expert) 29 June 2011
you have to prove that you are born to your father (to prove you are the illegitimate son) if you claim partition, you have got right only from your father's self acquired property only.
Advocate Bhartesh goyal
(Expert) 30 June 2011
Yes,you can claim partition of your father's self acquired property and also get injunction order in regards to only self acquired property of your father.
Querist :
Anonymous
(Querist) 30 June 2011
to prove that i am the son what documents shud i produce.i have got my birth and domicile certificate with fathers name on it.any other document u prefer
bhagwat patil
(Expert) 01 July 2011
Take the death certificate of your father along with succession certificate containing your name apply to revenue autharities for entering your name in RoR first.it will secure your right your brother cannot sell with your sign.
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