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sameer khan   14 September 2015

Property right by step son

Dear Sirs , 
Please advise your guidance in below matters,

My name is Sameer Khan. (Son of 2nd mother )
My Father and mother both passed away. 

Scenario is my father has done 2 marriages. First marriage was divorced 25 years before and from first marriage he has one son age 40+ And his mother is still alive.
Now after 25 years he came and showing his rights in property and bank account. 

1. My father has only one plot over which we had constructed a house and staying there. And this property is purchased by my father not grand father. 

2. My father has made fixed deposits in Co operative bank in the name of either or survivor. And in the name of my and father name. 

He is claiming 50%right in above things. 

Can step brother can claim after so many years. 

My father has not made any will and even divorce certificate is not available with me. And I think divorce is not registered . In this case he is taking advantage. 

Step son has also  given public notice not court notice that I am the elder son and I have rights in above things and he added his name in city survey paper on my fathers plot. 

Please advise your guidance and suggestion and necessary steps. 

Thank you. 

Sameer khan. 



Learning

 3 Replies

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

In court's eyes, step son has the same status as of real or adopted son

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

In court's eyes, step son has the same status as of real or adopted son

T. Kalaiselvan, Advocate (Advocate)     22 September 2015

Though your father is reported to have divorced his first wife, he cannot divorce his son, right? therefore  the relationship between father and the son cannot be denied, right?

If that is the situation, what is the hitch in he claiming a share in his father's intestate self acquired property?

He is entitled to a share in your father's intestate property as per law, may be the proportion may differ because there is your mother too who is having a share in the property, proportionately he may have a reduced share in the property.

Adding his name in the patta of the propertyis also not an  illegal act but doing it on his own without informing  you is the question about his authority over it or his claim of 50% in the property may not be a correct legal position.  


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