First wife son share in father property

you will get share in the property. File a partition suit. The stand of Benami cannot survive.

Hi Suresh,

Thanks for quick reply.  Neither my father not me contributed one rupee for that flat.  The whole property was build with my father second wife  son. He took personal loan from the bank and with that money only they bought that flat. The flat is registered on my father second wife and also my father name. Eighteen years back when I move out from my father , he bought one flat and he registered the same on my mother name. since then I am living in that flat. Neither my father nor his second wife has any property when I move out from them. They earned all the property just 3/4 years back (after my father second wife son got job as a software engineer).

If i want to file a case on this what documents i need to submit?

Thanks,

Masthan

there is a possibility of claiming share in your flat by taking the plea of Benami, but in such a case, they have to prove that the Flat has been purchased by your father in the name of your mother. In another aspect, they are not entitled to claim any share as the property belongs to the female, which is her absolute property.

The nature of documentation and the source of income of your father and his spending in the relevant time and the source of the son of second wife of your father are very much important issues.

At present, to claim share , Sale Deed standing in the name of your father and legal heirship certificate of your father are necessary to file a suit for partition.

The final opinion always rests upon perusing the relevant documents.

Thanking you,

Yours

K.Suresh,

Advocate.

 Father lived separately for 30 years. Now he is dead. What documents you can lay your hands on to prove that the property was purchased by your late father out of his own earnings? Litigation yes, success not quite positive.