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rakesh kumar (nzgvh)     22 September 2012

Family property

My father made illegal relation with a separated other cast lady, when I was n my mother stomach in 1976-77, and I  have two elder sister, one was died in age of 2 years and other is married now and have two kids. At that time my mother was living in a house hat was purchased by my grand father before our birth.My father never cared us ad continued in illegal relation and also have one son and one daughter from that other lady and always lived with her, never with us. Even in my life of 35 years I could see my father only 3 or 4 times.In 1986,DDA aquired our agriculture land for which no compensation was given to us. My mother fight case for 10 years in court and won it and could had recived very small part of compensation which was given to me and my sister as mother got expired i mid of case.After death of my mother we locked our house and taken cared by mother's brothers.Still that house is in our possession.I want to know that in above circumtances do we have full right on this house situated in village abadi, when my father is still alive and still not with us and all brothers o my father got expired. We have a lal dora certificate of this house in name of my mother.

Please inform.



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 4 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     22 September 2012

I can understand your worry but you will be unable to get the full ownership of the house until your father is alive.

Also, since it is ancestral property you and your brother/sisters will have rights as per the law applicable to you(since you have not mentioned your religion).

Though nowadays, the courts are looking at live in relationships as similar to marriage, since you are staying separately and the other lady is not staying with you, you will have no issues related to the ownership of the flat.

S Jadhav

rakesh kumar (nzgvh)     22 September 2012

THanx for your reply sir.

I belong to hindu ( god brahmin ) family. I still want to know that before or after death of my father, can the other lady or her children  also e the legal heir of said property whose lal dora certificate is avilable with us in name of my late mother.?

rakesh kumar (nzgvh)     22 September 2012

also want to inform you that still this property is locked but in my possession.

S Jadhav 98336 98330 (Jadhav & Associates)     08 October 2012

As per the current view of the judiciary which I also feel is correct that children born out of a live in relationship also have a right to the parents' property. Occupation being with you is only a positive for you that in case the case is delayed when you go to court you will be able to enjoy the property but you may still have to pay a penalty for not giving the share when asked.

Of course until the person asks for his/her share you need not give it if you do not wish.

But if you feel that you should give the rightful share without being asked, then please do so.

S Jadhav


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