1) you have no share in father self acquired property
2) you and your brother have equal share in father ancestral property
3) you can file suit for partition to claim share in father ancestral property
Father's property
Hi, my father got divorced when I was 6 yrs old and my younger brother was 1 yr old. He then remarried after 2 years. The divorce and the second marriage all being legal. The second wife has 1 son 1 daughter. Last 2 years the second wife was cunning enough to create a fight between me and my father which resulted in me gettin separated from the family. Now I live alone and my brother wants to be out of the house too since father wants to live only with his second wife and her kids. I'm 26 yrs unmarried and my brother 21 yrs old. What claim do we have on my father's ancestral as well as his self acquired property?
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
you have a right in your father's property both ancestral and self acquired property in case your father dies as per the Hindu Succession Act you being the heirs under Class 1 of the Schedule. please clarify whether the children of your father's 2nd wife are his biological children or whether he has adopted them as his?
t may kindly be noted that the legal heirs do not have any share in the self acquired property of the father.
Yes in ancestral property both the brothers have equal share and in order to claim the same you may file a partition suit in the civil court.
PS: you have right in fathers self acquired property only when father dies without a will.
Regards
Hi, on the ancestrol properties you both have a right of equal share along with other legal heirs .. You can file a civil suit for partition to claim your right .. In the self acquired properties , your father is a complete owner and your Calum cannot be instituted upon it .. However both of you can file a case of maintanace under 125 Crpc in your father for your health , education and other daily needs ..
Hi
1) You and your brother can claim a share of your father's ancestral property by virtue of you being a legal heir.
2) As such the ancestral property will be divided in to 6 shares( father, you, your brother,second wife of your father, step son and step daughter will have 1 share each)
3) Also if you can claim a share of your father's self acquired property if you can demonstrate that the nucleus (seed capital) for self acquired property was derived from your father's ancestral property. Please note that this property will also be divisible in to six equal parts.
4) Even if a part of ancestral property or income from ancestral property derived thereof is used to acquire a self acquired property, the self acquired property becomes an ancestral property because of blending of properties..
5) You will need to file a partition suit in the court of law to claim your share of property after issuing legal notices to your father.
Your father's second marriage will not in any way affect your rights, which you otherwise had in his property.
You have a share in the ancestral property, which has passed on from your fore-fathers to your father. The said interest has vested in you by virtue of your birth.
As regards to the self-acquired property of your father, you are entitled to a share in it by virtue of you being his legal heir. However, this arrangement will apply if your father dies intestate, i..e, without executing a will.
you have full right over your father's ancestral as well as his self acquired property. your father got divorced from your mother not from your paternity.
