Dear Ms Kanchan, please note that the you have a rightful caim over the property of your father and so as the step mother, but not her children. You can file a suit for division of your property on the basis of rightful heir to the property of your father and in contrast to having no children of your father with your step mother.
Precautions to avoid property dispute with step mother and her children
This is Kanchan from Jabalpur, Madhya Pradesh. My father is no more with us and he didn't leave any will. My father do not have any children from my step mother. Few days ago I come to know that my step mother hide all my father's documents and our house documents at her daughter's home who stay near by home and the home in which she is living with her husband and a kid is purchased by my father. My step mother taking a handsome pension which she spend on her daughter because her son in law is jobless. I am afraid if my step mother our house in the name of our step sisters and brothers . What precautions should I take to avoid this situation . She has already taken the amount that my father got after retirement. I have two real brothers
Asked 7 years ago in Property Law
Religion: Hindu
12 Answers
Hello,
File a suit to obtain the succession certificate and thereafter file a suit to claim the money that would have come to you as a legal heir.
Get in touch with a local lawyer with the entire set of the documents and the file the suit in the Civil Court.
Regards
Dear Client,
You have equals share in assets of father. File partition suit and claim your share. Once suit will file in court, court will call the information that how much money received by mother and details of property.
file suit for partition for division of house by metes and bounds
2) you and your brothers should seek injunction restraining step mother from selling the house
3) you should before filing suit issue legal notice to step mother for division of house
4) file suit for partition only if she is not agreeable for division of house
1) If will is not mentioned than you can get legal heirs and succession certificate from court and get property distributed among your brothers . All movable and immovable property earned by your father.
you should file partition suit in civil court and claim your share and yours siblings share,
step mother also get same.
File a partition suit for the possession and partition of your share and further the court will grant an interim stay so that the property is not sold or transferred. Further to claim the amount in the account of father you need to get succession certificate.
Hi,
The best method is to go for partition and injunction suit.
Dear Madam,
You and your brothers have every right to file a partition suit against your step -mother. And ask your's share legally. Please follow the partition suit model.
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PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/4th share.
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
1. You are not clear in your query.
2. You have stated "My father do not have any children from my step mother". If that be the case then how will she get a daughter whom you are calling your step daughter?
3. Has your step mother remarried after the demise of your father or she already had her daughter from her previous husband before marrying your father?
4. However, if your step mother has remarried, she will not be entitled to claim share of your father's properties any more which will be inherited by you, if you are the only child of your late father.
You and your brothers and the step mother (if she was married after your mother's lifetime) are the only legal heirs to your deceased father.
You can file a partition suit seeking partition of your father's property with separate possession.
If she has taken away any property document with her then you can obtain certified copy of the property document directly through the sub-registrar's office.
If your step siblings are not born to your father then they will not be entitled to any share in your deceased father's properties.
If your step mother remarried after your father's death then she is no more entitled to his family pension also.
1. "IF" Father did not have any children from the Step Mother AND "IF" Father did not leave any will, THEN "ALL" the movable & immovable property of the deceased shall be EQUALLY divded amongst All the Children of the Deceased and the Step Mother.
2. The children of Step Mother do not stand to receive anything.
3. To activate your rights, you need to file Civil Suit, for claiming your share/s of "ALL" the movable & immovable property of the deceased Father, wherein you will receive favorable orders.
Keep Smiling .... Hemant Agarwal
