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Puneet Bansal (CA)     21 December 2012

Property claim from father





I am from Hindu family. My Mother died several years back and my father re-married and got another son.

There is a property on my father's name which is does not want to give to me (one son from first wife), I am 30 year old now.

My question -

1. Is there any law that forces father to give a share to his kids from first wife?

2. As my mother died and father re-married and wants to make second mother and step brother as legal heir, so is there any law that forces to consider me as hier?


 3 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     21 December 2012

Mr Bansal, If it is the self acquired property of ur father, u have no right or claim in the property and there is no law to force ur father. You and ur second mother are already legal heir of your father. But that will be considered after the death of your father.

Puneet Bansal (CA)     21 December 2012

Mr. N Ramesh, Thanks for the quick response.

I am his son from first wife, my mother died several years back. My father is living with my second mother in a seperate house. The property thats on my father's name is vacant noone lives there. My father want to make my second mother and second brother as nominee of his property.

My question is - Is he free to nominate anyone he want to?

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     22 December 2012

Yes. It is his self acquired property. He is free to nominate any one he wants. That's law.

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