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RIGHT OF SON OF FIRST WIFE OVER FATERS PROPERTY

Querist : Anonymous (Querist) 15 March 2010 This query is : Resolved 
DEAR SIR
MY FATHER EXPIRED IN 2008 LEAVING BEHIND HIS PRORERTY AND BANK BALANCE AND MY MOTHER EXPIRED IN 1990 AFTER THAT MY FATHER RE MARRIED. NOW WHAT WILL BE MY STATUS IN MY FATHERS PRORETY. WE ARE TWO SISTERS AND ONE BROTHER AND STEP MOTHER
STEP MOTHER IS CLAIMING ALL MONEY.
I HAVE FILED A CIVIL SUIT PLS GIVE EXPERT ADVICE FOR THE SAME AND IF SOME CASSES FOR STUDY TO THE RELEVENT MATTER ARE THERE PLS SPECIFY

REGARDS
ASHISH
Raj Kumar Makkad (Expert) 15 March 2010
Your mother is entitled only 1/5 share and you both brothers and sisters shall also be entitled for the grant of 1/5 share each. You can file a civil suit seeking succession certificate of your father. Immediately move a petition to the department of your father so that it may not release any service benefit in favour of your step mother without seeking from her succession certificate.
niranjan (Expert) 15 March 2010
Better file suit for partition and injunction.If any dues are tobe recovered from employer put your claim and issue notice not to make payment without succession cert.If already paid add that amount in your suit.


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