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Pallavi Khaire   03 July 2021

property

I would like to know if anything happens to my dad, what happens to the property.
I have a step mom who is quite cruel and always ready to play games. I would appreciate if I want to clain my dad's property, am I allowed?


Learning

 3 Replies

Saura Patil   03 July 2021

Hello, 

Greetings of the Day!

You do not have to worry about your stepmother sabotaging your claim over your father's property! 

You are allowed to claim your father's property!

When you are a legal heir, you can make a claim over your father's property. If anything were to happen to your dad, you will still inherit his property. However, your stepmother is a legal heir to your father as well. So if passes away without any will, his property will be equally divided between you and your stepmother and your siblings (step-siblings included) (if any).

If anything were to happen to your father and he passes away intestate, you can consider two scenarios:

1. In case of self-acquired property, as a daughter, you can ask for your share of the property. The self-acquired property will be equally divided between all the legal heirs. 

2. In case of ancestral property or joint family property, you still have a right to claim your property. 

So either way, you will get your share of the property.

You can always settle things amicably with her and come to a peaceful conclusion. 

However, it is recommended that you take the help of a local lawyer in case things don't turn out to be okay.

 

Hope this helps!

 

Regards, 

Saura Patil

1 Like

Adv. Morzaria (Advocate )     03 July 2021

Kindly share the descripttion of properties your dad possess and whether your the said properties are solely owned by him or jointly
1 Like

Pallavi Khaire   04 July 2021

@Saura Patil: Really appreciate your help and counselling. My father's second wife was never amicable and would never be. I would definitely take help of the lawyer if time shows her true colors.

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