Civil Procedure Code (CPC)

Who have got rights on father's property


 

We are 2 brothers and  1 sister to my father. My mother passed away in 1970's and my father got married again with another women and she has 1 daughter. Later, my step-mother got divorce from my father through a legal court. Now my father is living with us. My brother got married in late 80's and he has got two sons. My sister got married in early 90's and she too has 2 sons. I got married in early 00' and have got 1 daughter.

The daughter of my step mother has also got married and she has 1 daughter.

The 95% of the property was made by my father  and his brother got partition in this property in 2005 (again through court).

Who all got rights on on my father's property  when he his living?

If he wants to share his property at his will, how can he go about it?

 
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LEGAL CONSULTANT

Dear querist,

All the children born to him are entitled for a share as per the Indian Succession Act 1956

 
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Law Student

All the children will get equal share in the property

 
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Law Officer

I also agree with above opinions.....even step mother's children are entitled for equal share......and then offsprings of your brother and sister and yours they will get share from your portion or your property....

 
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you all brothers and sister have equal share in your father's property.

 
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Sons and daughters of your father should get equal share of your father's property in an intestate succession. But, your father has sole right to share his property according to his own choice and will. No one can advise or ask your father to prepare a Will for sharing or donating your father's property according to one's choice and will. Your father should be free in making or preparing a Will. He should not be subjected to coersion, undue-influence, flattery and fraud in preparing his Will. The Will prepared by your father for the last time is the Valid Will. While making the Will your father must be a person in full possession of his senses and power able to make a testament and not disabled for any special cause in respect of his person, mind, condition or the property concerning which the testament is to be made.

 
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While preparing a Testament or Will by your father no any Act is applicable. Indian Succession Act, 1925 or HIndu Succession Act, 1956 is applicable only in case of Intestate Succession i.e. when a person dies without a Will.

During the life of your father the sole owner of your father's property (inherited or acquired) is your father himself.

 
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LEGAL CONSULTANT

In addition to the above Mr.Sharma has correctly analysed everything.

 
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Thank you Sainath ji,  Gorimaa ji, Bharatesh ji, Neha ji and Sharma ji. I too felt that Mr. Sharma has analysed everything properly. 

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

During the lifetime of father, no one has any share in it. He is at liberty to make a bequest/gift of his property, and the property shall therafter devolve accordingly. It is only in the event of him dying intestate that all the class 1 heirs succeed to his property equally.

 
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