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Sukumar (consultant)     08 March 2010

First wife's son share

Hello

I need some clarifications on below points.  i am theonly son of my father's first wife . my Mom is no more now. she died some 40 years back. my father got married again my mom's sister . She has 3 children (1 boy and 2 girls ,  all got married0.

my father died 2 years back only .  i am not my native place now . i am in chennai working in a private company .  Now my cousin is handling all my father's property . when i asked for my share , he is not willing to provide .

My step mom is very good with me and she is also willing to provide my share .

i need detailed clarifications on how much  and in how soon i wil get my share .

 

 



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 6 Replies

A V Vishal (Advocate)     08 March 2010

You have not stated whether the property is your father's self acquired or ancestral. Further, you have not disclosed whether your father died intestate or left a will. Generally you will be entitled to 1/5th share in case of ancestral property and your share will be determined by any will left by your father or 1/5th in case of intestate if it is a self acquired property.

Sukumar (consultant)     08 March 2010

Hi Vishal

Thanks for your valuable reply.

My father has some property are  ancestral and some are bought by him .

He has not written any will . His death was a sudden one .

Also my father has bought 3 acre of land on my name when i was minor .( at my  7th age ) 

This minor property will also be shared as 1/5 ?

With regards

SS

A V Vishal (Advocate)     08 March 2010

My father has some property are  ancestral and some are bought by him .

Ans. You have share as stated by me in both his ancestral and self acquired property.

Also my father has bought 3 acre of land on my name when i was minor .( at my  7th age ) This minor property will also be shared as 1/5 ?

Ans. No this property cannot be shared since it is legally your property.

1 Like

Sukumar (consultant)     09 March 2010

Thanks for your immediate response .

Sukumar (consultant)     10 March 2010

Hi Vishal

I have one more qtn .

My father has bought one house in my step mother's name .

can i claim that after her ?

 

With regards

SS

Sukumar (consultant)     15 March 2010

Hi

I am planing to file a civil case on my brother asking my share.

How long will it  take for the court to finalise this .Bcoz  , civil case wil will take long years

(Some says , even my grand son may have to takeup this case sometimes )

 

With regards

SS


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