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Mohit Sule   06 July 2016

claim over father's property

My mom & dad had divorced 20 years back. My father never gave allimony to my mother. I am staying with my mom. So i need to know that after so many years do i still have rights over my father's proprty/ belingings. My father remarried and staying with his two children & wife. My Mother never married again. Are there any chances that i can claim his property. Or how can i make him ready for out of court settlement. Please guide.


 5 Replies

JustAdvisor (IT)     06 July 2016

how did your father acquire the property?

Sandhya Srinivas (Advocate & Legal consultant)     06 July 2016

Dear Mohith,

               You have absolute right over your father's property along with your step bro/sis, if he dies intestate ( without creating will ).

If your father has got all self aquired property, he can transfer that property through gift deed or will to any one he likes. Then you will be not having any rights over that specific property. 

Collect all the documents of your father's property and consult an Advocate.

Mohit Sule   06 July 2016

He has self acquire property, which will be the best mode, going through court or out of court settlement. Please suggest

Sandhya Srinivas (Advocate & Legal consultant)     06 July 2016

In respect of self aquired property, you have no rights during your father's life time. Further during his life time, he can sell, gift or by creating will bequeath the property to anyone he wish.

If he dies Intestate, then you have equal rights in his self acquired property.

If you are in good terms with him, you can approach him personally.

If he is not in good terms with you, he may be alert and bequeath property to his second wife and other 2 children by anticipating future consequences from you. 


JustAdvisor (IT)     07 July 2016

go back in history. find out whether your grandfather left something intestate (without making a will).

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