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Sudeep (Planning engineer)     23 May 2013

Can i claim my share

Dear Sir,

 My mother has commited suicide during my childhood due to the dowry harassment from my father. Later high court has declared to stay with my maternal uncle. My father has married another woman and they have two daughters. The court has also directed that I can claim a share in my father’s property as his eldest daughter. But, what if my father has kept all his property on  my stepmother’s name or his second wife’s children. Can I still claim my share from my father’s property? Kindly Help me out with my query?

 

Swapna



Learning

 2 Replies

LegalArrow ( Advocate Bangalore)     23 May 2013

you can claim equal share in the ancestral property in the control of your father. but u cannot claim share in his self acquired properrty if he is otherwise not willing. however if u are unmarried you can claim maintenance from him even if you are major, as per Delhi HC judgement pronounced in Nov 2012.

sanjeev kumar (service)     23 May 2013

we have 3 brothers. my father made power of attorney in name of my elder brother property in delhi about 15 years back. my brother has not got registered the property in his name. Whether we remaining two brothers can sue against my elder brother. It is noted that my mother is alive and living with elder brother and elder brother is also handicapped.

kindly give advice me whether I can sue against my elder brother.


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