• Share of property between children of first and second wife

My mother and father seperated by understanding in 1970 and that time I was of 5 years age. My mother took me with her and remarried. My father also remarried. I completed my education with my mother and hence there was my second father's name with me in school leaving certificate and further I joined defence service on this documents. Meanwhile after my marriage my first real father and my grandfather took me at my real father's home and I started to stay with them with my father, their second wife and their three sons in joint family. I don't have any part in my second father's property as that property was given to my mother's son born by second husband. My birth certificate is having name of my real father but my other documents are having my second father's name. Now meanwhile my real father died in 2015 and after that my father's one case of land acquisition pending in court and came to end. In that case 28 lac rupees were granted by government but as I said my father died my father's second wife and her three sons illegally made pedhinama with the help of Talati and withdrew all the amount and when I came to know this and I asked my step mom about this they even not ready to talk to me. Still there is no varsai done in my father's property. So I want to know that can I complaint against my stepmom and their sons . Can I get my legal part in properties of my father.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

You can file a suit of partition on the ground that you are biological son and the legal heir of the father and there was no adoption by the adoptive father further claiming share in the property and the 28 lakh further seek an interim stay on the properties so that same are not transferred by them to third party.

Yes you have legal right of share in property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Yes if there is any ancestral property then you can claim your share in the property.

However, till your father is alive you can not make any claim in his self acquired property.

If he passes away without a will then only you can make a claim in his self acquired property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If he was working as an agent on work basis then no complaint can be filed against him.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your step father have adopted you legally then you cannot claim your biological father's property.

But if your step father have not adopted you legally then you can claim share in biological father's property.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Both the departments can file suit against him for cheating and can claim compensation. Make him resign from one of them at the earliest and tell him to not disclose it to anyone.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, as per the information stated by you in your present query, it seems that you have been cheated somehow by them.

Secondly, there has been a limitation period which says that you can challenge such sort of act within the period of 3 years from the date of such incident.

Thirdly, you have your right on the property, for which you may have to get the succession certificate from the Civil Court of Law, and haveto file a suit for permanent injunction against the use of that money as well as for your share in it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

after adoption, the adopted son lose all the rights of a son in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property. The only exception where an adopted child is not entitled to the full rights of a biological child in the adoptive family were if he was adopted by a disqualified heir.

if you are not adopted then you can file suit for partition.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) You shall get your share on the basis of birth certificate name and can get legal heirs share certificate than you should have your share in the property of your father's.

2) For further study need more history of your life .. like at last moment you were saying with them for last moment and before that for how many days you were with your father in same house etc.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Your biological father died intestate

2) you have not been adopted by your step father

3) there is no giving and taking ceremony performed

4) there is no deed of adoption

5) you have equal share in compensation received by your step mother and step brothers

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Your brother can be dismissed from service

He cannot work as LIC agent while being in government service

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

the legal heirs of your real father are his mother, widow and children

children will include your father's children from second wife and also you

so you have a legal share in the estate of your father

you will have to file a suit against your step mom and her 3 sons for claiming your share

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Still there is no varsai done in my father's property. So I want to know that can I complaint against my stepmom and their sons . Can I get my legal part in properties of my father.

You are one among the legal heirs of your biological father.

Since your step mother's marriage with your father is null and void she has no rights in the properties that belonged to your father, however your step brothers have an equal right to that of yours in that.

You can file a suit claiming partition and your share in the sale consideration amount from them through a court of law.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

My brother is life insurance corporation agent since 2010 and he got selected in government job in 2011 but he did not resign as a LIC agent after getting government job so I want to know that any departmental actions and deciplinary action can be taken against my friend and also want to know that can LIC department can take any actions against my friend as he has neither declared to LIC nor his department where he works about this fact.

A government employee should not be a LIC agent or can do any part time business or job.

You can send a complaint to his department so that they will take appropriate action against him in this regard.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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