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amit giri (research scholar)     06 March 2014

Ancestral property disposal after second marrige

I am from roorkee uttrakhand, and I need your advice in my family dispute over the land. Would really appreciate your help in this matter.

My father inherited 15 bigha of land from his ancestors, also two houses at my village (ghar and gher)
I am working as a research scholar at Delhi, recently I lost my elder brother who is working as a surgeon due to depression created by my father and his wife. I am the only son from my father's first marriage now after death of my brother. Following the death of my mother my father married again when we were young. (court marriage)

My father has one son from my step mother. My step mother has been really mean to us ever since and it was my cousins/uncles who took care of me and my elder brother’s education. We were always there for my father in his time of need.
Now my father is in hands of my step mother, he used to do as she says . As a person my father is a hitler type person. All his life he disturbed the society by court cases (exceptional, proudy)

I wish to lay claim to my property and would like to know what is the land that I can claim. I am afraid my step-mom and her son may forcibly make my father to will in their favour. I want to claim only my share,

All property is purely ancestral passed over to generation after generation



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 March 2014

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not percapita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

Kumar Doab (FIN)     06 March 2014

You may contact local lawyer and proceed for partition of the ancestral property under expert guidance of your lawyer.


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