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manish (Advocate)     01 October 2010

right in father property

Respected Sir,

there is brother and sister their mother divorced father who got married and having children almost 15 yrs passed  our mother settled the maintenance sec 125 ipc dispute by taking some ransom amount can they claim property right in father property  asking court for partition,



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 October 2010

son and daughter  of the deceased father can claim their rights in the property of the father.

Adv Archana Deshmukh (Practicing Advocate)     01 October 2010

Yes, definately they can claim their share in the ancestral property of their father and seek partition, but as far as the self-acquired property of the father is concerned they cannot claim any right in it during his lifetime.

swatirswatir (learning law)     01 October 2010

surely children have right in property of father

emmy (HR)     01 October 2010

Dear Mam,

In our family we are four sisters and one brother & Mom  staying with brother. mom is retired teacher. We lost our Dad three yrs ago.We all four sis are married and settled in Delhi & calcuta. our father was running a school with hostel and a printing press. after his death brother started taking care. When my father died two sister were single.after our dad's death we never asked about anything from our mother nor brother about property. after three years when our brothers behaviour started changing towards us by not giving importance to us and bought land in name of bhabhi and never informed us. we came to know by outsiders then we just asked mother and brother about fathers property to know what has papa left after his death the an which was given to us by mom and brother was father has written WILL in the name of son that all his belonging are now sons belomging. The WILL is in a plain paper with three witness signature (Mom and two other friends of pop)when we asked show us the WILL they replied its in the court u can get it from court. we asked for any copy show us they said we do not have any copy.finally they prepared a WILL and then forwarded it for probate on the same day when we asked.

We are a christain family and by law we have equal rights to the fathers property. Please suggest what next action we should do bcoz they give us answer only by saying go in court and fight for it.

what and easy solution to it for a solution in a short time we can get. Does a wILL is valid in a plain paper also. becoz it neither on a stamp paper nor registered nor notorised.

Please suggest....


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