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Rescue Hands (Account Manager)     10 January 2014

Stepmother property

My mother expired in 2006 and in 2007 my father married again who was a widow(Legal Marriage, registered in the Sub Registrar office) and I was living with my stepmother at her house, my dad expired in an accident in 2008, my stepmother had cancer and was fighting for it, she has one sister and 3 brothers, she is living in a house which was her ancestrol property which was partitioned, she died this year around 3 months back, now the problem is that her sister is not letting me inside the house saying that I do not have any rights in her property, the worst part is that my things and my bike is lying in the house, even my dads stuff is inside the house, I have a brother, my stepmother does not have any kids neither on her first marriage or with my father.

1.) Do I have rights in the property ?

2.) Does my stepmother's sibilings also have a right in the property (They have their own partitioned property)

3.) Can I atleast take my things from the house

4.) If there is a possibility to get the property on mine and my brothers name, how do I fight ?

My dad has spent lot of money on the house, that is the reason why I am concerned



 1 Replies

Biswanath Roy (Advocate)     10 January 2014

If the marriage certificate of your Late father and step mother is with you to prove their lawful marriage and to establish the fact that she was your mother in that  case you and your brother can claim the goods and assets of your late mother by law of inheritance and can prove as her successors in interest..  For this purpose you can file a Civil Suit claiming your mother's portion of the suit property and describing her sisters and brothers as defendants. Secondly you can file a complaint  in the local Police Station of the suit property that the sisters of your late mother are illegally restraining you by physical force to use and occupy your belongings left in the portion of your Late mother . For the purpose you can take help of an experienced local lawyer.


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