Hi, he will be having legal right on the ancestrol property .. Your father can make WILL in your favour for his self Accquired property
Property distribution advice
Mere father ki 2 marriage Marriage 1:only 1 son(step mom died and then 2nd marriage) Marriage 2:me and my sister and my living mom The property is owned by my father Due to wrong activities my step brother was removed from home 2007 Fir copy and news advertisement in local (Delhi)and native state (Bihar)newspaper If due to any nature calamity my father died can my step brother can claim for property rights Plz provide solution Is my father write will for my mother or me at present can we safe from his bad behaviour
Asked 7 years ago in Family Law
Religion: Hindu
10 Answers
If property is anchestral then he had all the rights to claim on your father property but if it's self earned / acquired by your father then uh may need to register a will or gift deed upon your name this will prevent your step brother to interfare in your father's property ....
As the property of your father is self acquired property from his own funds, he is free to dispose of the property as per is wishes and can execute a will in favour of any person during his lifetime.
The stepson cannot take any action against you as he has no right in the self acquired property of your father during his lifetime and if a will is executed in name of your mother for yourself, then also he cannot raise any dispute.
It is advisable to get the will registered, when executed by your father.
Yes just removing from house does not dis entitle him from claiming the property of the father. For that father has to either gift the property to you or your mother or has to make a will. if father write a will then no claim. then he cannot claim anything
Your step brother can claim equal share in property on demise of your father
However if your father execute will bequeathing property to your mother and you then your brother woukd not have any share in property
1. Your step brother is the legal heir of your father's properties.
2. So, he can very well claim his share of his late father's properties.
3. It will be prudent on the part of your father to register a will in favour of you giving living right to your mother duly mentioning his depriving any share to your step brother.
4. the safest way for you shall be if your father registers a gift deed in your favour giving life interest to your mother.
In the event of intestate death of your father his property shall devolve equally on all his legal heirs. This will include the step brother also.
You cannot avoid that situation hence you may advice your father to write a will distributing the property to all others properly so that your step brother will not be able to claim any share later.
Your father can make a Will of his property in favour of you and your mom
He can also gift the property to you or your mom in his lifetime
Go for gift deed
Will can be challenged by your step brother
He cannot challenge the gift deed
Dear Client,
He is already being disinherited, still your father can execute the WILL , to remove all future difficulties and claim raise by him.
hello,
merely advertising is not enough, your father should specifically and categorically exclude him from demanding a share in any property owned by him by a registered document.
therefore your step bro can claim his rights if adequate steps are not taken.
if you father writes a will naming you or your mother after him, then nobody can demand a share in the property.
regards
