Rights of children of deceased first wife over property

indira (Querist) 14 April 2012 This query is : Resolved
I am the only child to my parents. My mother expired in Aug 2010. My father is now getting ready for second marriage. He has a self acquired own house and ancestral property.

My father is 65 years old and he wanted to marry a muslim married lady with children. So that after marriage she will get the pension throught out her life after my father's demise. This is the basic cause for the marriage.

Please suggest me that what are the rights i have over the property of my father and what are the precautionary steps to be taken for not loosing the rights over his property.

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M/s. Y-not legal services (Expert) 14 April 2012
i hope you are a hindu..

your father have rights to do anything about his self acquired property.. he can make a WILL or any other settlements to any one as of his wish..

but about your father's ancestral property you are entitled to claim your share..

your father can not do anything beyond his right over the ancestral property..

now you can issue legal notice for partition over the ancestral property., as well as you can file the suit for partition., because now you and your father only the legal heirs for the ancestral property., but in future if your father got any more children through the second wife mean the share holders may increased..

-tom-

Devajyoti Barman (Expert) 14 April 2012
You are entitled to only his ancestral properties. As after as his self acquired properties are concerned I afraid he is free to do as he thinks wise.
As a precautionary measure you can file a suit for partition and injunction against transfer till the decree is passed.

Shonee Kapoor (Expert) 14 April 2012
Equal share in Ancestral Properties.

Self acquired properties if willed, as per the will.

If no will, and the person dies intestate, all class I hiers would get equal share.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 14 April 2012
Devajyoti has rightly advised.

M/s. Y-not legal services (Expert) 17 April 2012
mr barman only right mr. dhingra?

its fine..

-tom-

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