Can I get share in my father's property
My father have two wife I am second wife son but my father expired 1962 then my brothers divided property in 1988 and transfer the hole property to his childrens but that I am not at home now I am asking you can get my share in my fathers property.
Asked in Property Law from Sulya, Karnataka
1) file suit for partition to claim your share in father property as he died intestate
2) seek injunction restraining brothers from selling the property
1. You are entitled to equal share along with other legal heirs in your father's property who died intestate.
2. Send a legal notice to other legal heirs who have deprived you of your share in your father's property.
3. If you do not get positive response to the legal notice, file a case in the competent court to get your rightful share.
If your father died intestate then on his demise his property devolved through succession on his widow and biological children equally. If you have been deprived of your share then you may file a suit for partition to cull it out.
If the marriage of your father with your mother was after divorce or death of your step mother then the marriage with your mother shall be valid in the eyes of law and you and yor mother are among the legal heirs or successors in interest to succeed your father's properties including his share in the ancestral property.
You can very well seek partition and separate possession of or share in your father's property even now, the partition suit is not barred by limitation.