cpc

partition


can divorcey woman's daughter file claim for partition aginst her step mother.

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subregistrar/supdt.(retired)

Your query lacs clarity.  Whose property is this?  Is it ancestral or self-acquired?  State full facts for better replies.

 
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Sir my mother & father get divorce in the year 2000 . at that time full & final maintenance amount received 110000/- The property is self acquired property of my father. now father is pass away in 2018
 
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Yes,you are entitled to get share in your father's self acquired property.File partition suit against your step mother and claim your share in your father's property.

 
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Lawyer

Whether the deceased executed any will or died intestate ?

If the self acquired property is intestate the girl has a right, interest and claim in it.

It is advisable to consult a local prudent lawyer with relevant records for better appreciation of facts/ documents, professional guidance and necessary proceeding.

 
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Retired Manager

What was your age when the settlement of Rs. 110,000 was made between your father and mother at the time of their divorce. Was it in writing. Whether you too joined in the said settlement, if it was in writing?

 

You clarified that the property is his self acquired property. Whether your father died intestate. Unless full facts are examined, you can not simply initiate legal action adding to lakhs of cases pending before Courts.  Therefore, please approach a good and reliable Lawyer in your area, inform full details and get a proper advice and act accordingly in consultation with your well-wishers

 
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