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Nitish Banka (lawyer)     04 April 2012

Position of legitimate sons in father's property

Hi I wanted to know my rights/position in the property in the name of my father

Facts which I know

1.The property is an ancestral property not self aquired.

2.My mother and father divorced living seperately and my brother are only legitimate sons

4.Father is living with his wife(married again) and has no sons.

5 Both sons are major and self dependent.

Please tell me what I can do immediately to have a right on that property and what if the property is seperate property or if he in mean time transfer the property to his wife.


 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     05 April 2012

Since the property is an ancestral one, your father cannot give away more than his share of the property i.e 1/3rd on the facts. File a suit for partition + injunction restraining him from selling or letting the property.  

Nitish Banka (lawyer)     05 April 2012

Thank u.....

Dr J C Vashista (Advocate)     06 April 2012

Dear Nitish,

In an ancestral property, one can get one's share only and not of other coparcener, wherein mother & father has one share.

Once divorced and remarried is legally valid and legitimate. 

Share will include daughters also, if any (from either of your mother)

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