• Share in property

My father had two wives, I am the son of first wife, she passed away when I was around 4 years of age on 12th September 1986. After couple of years my father got married to my mother's younger sister, currently my step mother and they have a son around 25 years of age. I studied in my relative's house and now working in a private company. 

My father is staying in my native along with my step mother and brother. In the year 2007 my father got his share of property- agricultural land and house from his father. The property was undivided before 2007 and was in my grand father and grand mother's name.Now in 2015 I got to know that my father has registered all the property in my step mothers name. But they have not consulted me for any of this transcations.

Some of my legal queries are:
1. Is this transaction legal ? 

2. Do I have any legal share in the property ?

3. What is the course of action for me ?

Please advise.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) transaction is legal . it is not ancestral property 

2) if your father dies intestate you would have one third share in his properties 

3) visit your father and request him to give you share in his other properties if any . 

4)dont go to court . you will lose 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. If  it were to be the Ancestral Property, then you  are entitled for a share in the property and in that case the transaction is not legal.
2.If it were to be an ancestral property you are entitled to your rightful share.
3. First find out whether the property is self acquired or ancestral and if it is an ancestral property send a legal notice.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

The transaction is illegal. 

The property by its very nature is ancestral and you have rights in the property as a co-parcenar.

You will entitled to 50%share of this property.

you should file a suit for partition claiming your share in both self acquired and ancestral property of your father. 
Rajgopalan Sripathi
Advocate, Hyderabad
1321 Answers
167 Consultations

5.0 on 5.0

The property which your father inherited from his parents is his separate property which he can alienate to anyone he desires. The only ground on which you can challenge the alienation is the ancestral character of property so alienated.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. Is this transaction legal ? 
==No it is illegal.  You can file partition suit against your step mother and her son. 

2. Do I have any legal share in the property ?
==You will get 1/2 of the property i.e. half share to yourself and another 1/2 share to your step mother and her son. 

3. What is the course of action for me ?
==Immediately file a partition suit. For further doubts you can contact me through Kaanoon.com.  
Ravinder Pasula
Advocate, Hyderabad
397 Answers
97 Consultations

5.0 on 5.0

As you said that the properties belonged to your grandparents and your father was allocated his share after their life time, the said properties will be considered as your father's absolute  and own property having marketable title to the said share of the property.

Some of my legal queries are:
1. Is this transaction legal ? 
Since it being your father's own and absolute property, he has full rights to transact with the same in any manner as per his own sweet will and wish, hence this transaction is very much legally valid.

2. Do I have any legal share in the property ?
You shall not acquire any rights in the property

3. What is the course of action for me ?
You may pacify your father and request him to allot some share out of the said property and also you may pose a threat that if your request is not acceded you may file a partition suit, let him think about it.  
No Doubt  a partition suit may not fetch you desired result, you may file one and rattle the issue which may put some pressure on them to rethink about giving you a share in the property.
T Kalaiselvan
Advocate, Vellore
36778 Answers
403 Consultations

5.0 on 5.0

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