In the age of my two years my mother died. I have a sister also. My father got remarried after ten years of death of my mother. My step mother is living with my father seperately with her two boys (sons). My step mother is not willing even to talk my father by us (my sister and me). Now I want to claim for share in property of my father (he is conductor in haryana roadways will retd in aug 2017). Can I claim for half share in my father's property. If yes refer law and judgements related.
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1.Children has no share in the proeprty of their father if their father acquired proeprty by his own earnings.
2.Only in his ancestral proeprty you can have share and to get this you will have to file suit for partition.
3. Howeevr the son is minors then he can seek maintenance from his father and if the daughter is still unmarried then she can seek maintenance till she marries someone.
1) you have no share in father self acquired property
2) only if father dioes intestate would you , your sister, step mother , her 2 sons would have equal share in his property
Neither you, your sister, yor step mother nor her children have any rights in your father's self acquired/inherited properties during his lifetime.
Your father can settle his properties to anyone of his choice during his lifetime in which nobody can question his authority.
If you are minor by age and your sister is unmarried, you both can seek maintenance from your father.
