Property transfer

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.

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.

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. 

Dear Umesh Naik,

Thank you for your query! I am Aadil and I will try to answer your query.

The short answer to your query is YES. You may get the property back.

Ancestral property laws in India are discussed in the Hindu Succession Act, 1956, where it is defined as any property that has been passed on for four generations of male ancestors. This property cannot be partitioned, sold, or divided during this time, as that would result in the property losing its ancestral status. Also, the four generations of successors have the right to claim this property, and therefore the current owner of the property cannot sell this property without the consent of these successors.

Here, an aspect that has not been looked into is that the wife being a Class I heir, may inherit her husband’s ancestral property upon her death, even though she is not a coparcener to that property and thus cannot have a claim on that property when her husband is alive.

Section 14 of the Hindu Succession Act clarifies that any property owned by a woman, including through inheritance, is absolutely her own. Therefore, the second wife, along with the five children of the father from both his wives have equal claim towards the ancestral property. 

Since all the successors have equal claim towards the ancestral property, no single successor can restrict or revoke the other’s claim towards the same. Therefore it would be in the best interest to file a partition suit in the respective Court so that a partition  deed can be created and the property can then be divided equally between all the inheritors.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil

What do you mean by "Then my mother married to another man who gave his name to both sons"? Has the step-father adopted both the sons following the due process?

Step father only gave name to sons and not followed any legal process of adoption.

Note - Second wife dont have any documents of her mariage nor chidrens birth proof ,but have lot of live relatives who can give testamony.

First wife sons left unattended half property of second wife sons for many years (Say about 30 yrs) but now they are refusing to leave  as they are using it for farming.

Now the question is... Is it possible to claim that property again by second wife for her sons ....besides she dont have no documents proof.

 

You have once again posted disjointed and opiniated facts that the posting has been reduced to a riddle than a query. Please provide the following information.

Admittedly, the property belonged to the late father. How is that the property is referred  to be ancestral? In other words, how did the late father acqire the property - by purchase or inheritance?

Admittedly,  he had two wives. Was the first wife alive when he married the second wife?

Admittedly, he had expired some time after the second marriage. Was the first wife alive at that time?

What do you mean by "but now they are refusing to leave  as they are using it for farming"? Who are they - the children of the first wife or the second?

All the more, what is the context of this query? Are you raising the issue on behalf of the children of the first wife (to get back the property given to the step-brothers) or the children of the second wife (who do not wish to return the property to the step-brothers)?

Please post simple facts.
 

Sir

this is real fact , first wife sons did not wish to return the property to second wife sons as they dont have any documents

It appears that you have edited the original posting. The information, by and large, brings clarity to the isssue though some aspects are mere surplusage. 

On his demise, the father's property has devolved upon his  legal heirs i.e. your mother, you and your brother and sister and the two atep brothers. The property having so vested, subsequent events, your mother's second marriage, your 'adoption'  of your step-father's surname etc, are of no consequence. 

You may file a partition suit claiming your legally entitled share.