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MANOJ N.PANDYA (MANAGING PARTNER)     11 December 2010

FATHERS PROPERTY

I am a only son of my father with his first wife ( my mother) who died when  I was only 13 yesrs of age.My father remarried after six months (who is a step mother to me ).I was sent to for studies after my S.S.C. exams.After that I stayed here only and after  studies I started my service in the same town where I am staying now.

My father has build a house in AHMEDABAD  in the name of my step mother and my step mother who has one daughter where living the new house.My father has died and in his Varsai(legal heir) documents my step mother,my and my step sisters name are included.

Now the house which my father has built is occupied by my step mother and she does not want to give me my share as a legal heir of my father. She wants to give this property to her daughter(my step sister).

I have a question that whether I am eleigible to get share in this property or not?Please give me legal advice for this.

Moreover we have agriculture land in our home town which is our ancestors property and there she is ready to give me share but not in the house.

The house though is in the name of my step mother  but the it was built by father's income.

I want legal advice on this .Please give me proper advice.

Regards

MANOJ N.PANDYA



Learning

 5 Replies

sanket (Advocate)     11 December 2010

If the property is purchased in the name of your step mother then she will have sole right to dispose the same according to her own wish bcoz in absence of your father it will be very tough to prove that the house is built up by your father out of his own income.

Ravikant Soni (LAWYER IN JAIPUR)     11 December 2010

I do agree with sanket..

Vikas Kumar (Lawyer)     11 December 2010

you may  get the share if you are able to show that it was purchased out of your father's income.if your step mother is a house wife then it may be possible to prove that it was out of your father's income. 

niranjan (civil practice)     12 December 2010

It is important to know in whose name the sale deed is,.Simply having name in the mun.property register would not give title.

Dr.PrasannaKumar (doctor)     14 December 2010

 Dear sir/madam,

i want to know

1.whether children's of my father's sister, who is nomore now (i.e., my aunt) has got any right to claim share from my grand father's property..?

2. i heard that Children's of those(daughter) who have born before 1956 and not alive now will not have right to claim share from their mother's ancestral property.. is it correct..?

please answer my queries..

by, prasanna 


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