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Umesh Naik   23 April 2024

Property transfer

After death of first wife of my father he married to my mother. He had two sons from his first wife and he had two sons and one daughter from my mother. my father died due to electric shock after 3 to 4 yrs after marriage. Then my mother married to another man who gave his name to both sons. now we have second father name in all documents,

First mother sons left us half property till we are 30 yrs of age but now they refused to give us ancestorial property. Is it possible to take that property again.

Please reply


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

You are entitled to an equal share (if you belong to Hindu religion) out of your deceased father's property even though you have your step father's surname suffixing your name.

You can file a suit for partition and separate possession of your share in the property.

Vanshika (-)     23 April 2024

the property inherited by the sons of your father's first wife can be reclaimed if the property was specified to be given to both sets of children in the will or in any legal document. If there was no will, the property should have been divided equally among all the children. Also by seeking partition when community of possession and unity of interest breaks.


Dr. J C Vashista (Advocate )     24 April 2024

As your present (second) father has adopted both of you, hence your share in the property of your biological father stand relinquished and you are not entitled to get any share out of his (deceased==original===biological) father. 

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