Propery divide after father's death
Hello Sir, please help I'm 32 male, my father left my mom while I was only 2 year old and he married to another woman and from her there are 2 son and 1 daugher and after that my father did a third marriage to another woman ( she is 2nd wife's sister), from third wife there are 1 son and 2 daughter. I was living with my mom and living with my mama's house. Now my father died and left almost 25 crore property behind him. My step brothers are denying to give me anything. Please help me can I get my part in this property. Presently my mom and 2 my step mom are alive.we are total 4 step brother and 3 sister ( unmarried). My father didn't left any will.
Asked 5 months ago in Property Law from Lucknow, Uttar Pradesh
You being the legitimate son is entitled to all his properties .
Your step mothers have no share.
Your step siblings have only share in this self acquired proeprty.
So file a suit for partition and injunction.
1) on your father demise intestate your mother you and your step brothers and sisters are the legal heirs
2) you have one eight share in property
3) second and third wife have no share in father property as marriage is illegal during subsistence of first marriage
4) file suit for partition ti claim your one eight share in property
5) also seek injunction restraining sale of property pending hearing and final disposal of suit
Since your father's second and third marriages are illegal his legal heirs are his first wife and all biological children born from all marriages. Your share is 1/8th in the property which you can separately cull out by filing a suit for partition in the civil court. You and your mother can together file a suit for partition.