step brother wont give me my property share.

Querist : Anonymous (Querist) 12 June 2011 This query is : Resolved
My father married my mother without divorcing his first wife. my father expired 28 yrs ago.
Im 33 yrs old now and my elder brother is 38.
We had always known that our father had left behind some properties but did not know that it was so vast.
My step brother and his siblings has possession of these properties who will not share it with us now. We also learned that they have sold some of those properties and some have been mortgaged to banks. They still hold a large amount of the property which is not sold or mortgaged. This property is not ancestral but earned by my father.
Questions

1)Can me and my brother still file a partition suit?

2)If i file a partition suit can my step brother still sell or mortgage the rest of the disputed properties? If yes how do i stop him?

3)what will happen to properties thats already been sold or mortgaged? How can i recover those?

4)What wud be the time frame to get a judgement from court?

Thank u for ur time and effort.

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Devajyoti Barman (Expert) 12 June 2011
1. You can claim for partition but not your mother.
2. No if you apply for injunction over the suit properties in the suit for partition.
3. You have to file separate suit for recovery.
4. No prediction could be given.

Consult a local lawyer.

R.Ramachandran (Expert) 12 June 2011
I completely agree with the views of Mr. Barman. Mr. Barman's views are purely based on the fact that according to you the properties in question are not 'ancestral properties' but the self-earned properties of your father.
The answer will be completely different, if the properties are 'ancestral'.

manoj r. dubey (Expert) 12 June 2011
i also agree with the experts

Jebaraj Jasper Jacob (Expert) 12 June 2011
As per section 16 of Hindu Marriage Act an illegitimate wife is not entitled to any share in the property of the deceased but the illegitimate children are entitled to share the property along with other heirs. So file a suit claiming partition of the properties of your father.

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