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Ramesh (Director)     20 November 2009

Right of Son of first wife over fathers inh prop in A.P

Hi Sir,

I am now 29 years. Both my maternal and paternal families have been related since 8 generations.
My mother expired in Dec 1980 when i was only 9 months old. From then on, my maternal grand father took care of my food, clothing, shelter,education or any other expenses.
Due to the deep family relationships my maternal grandpa could not claim my share from my fathers inherited property.
At the time of my mothers death, my father's family was a undivided HUF and it was difficult to specifically say what was my fathers share.
The HUF got divided in 1992 and the deed was registered in 1994.At the time of partition of the HUF, my father prayed not to take my share and allow him to enjoy his complete share till his kids from the second  marriage are settled. He was remarried in 1981 and had a son and a daughter.
Again considering the deep relations that both my grandparents families had, my fathers plea was accepted. My father inherited some properties and about 2.5 lakhs as cash in 1992 form my grandfather. He performed the marriage of the daughter with the brother of his second wife and given her dowry of 5 lakhs cash, 400 gms of gold, brought her some farm lands and a few plots in hyderabad. The second son studied engineering and is now settled in a job in a MNC.
My father expired due to ill health in 2004 leaving about 30 lakhs cash and the inherited properties. No new properties have been purchased by him.
As i was alone and a student in 2004 my step mother with the help of her two brothers collected all that 30 lakhs and got majority of the  properties  converted on to her or her sons name.

Now she is claiming 3 shares for them and is willing to give me only 1 share of the properties.

1.Is there any way where i can legally claim 1/2 of the share as none of my expenses were borne till date by my father? The jurisdiction of the case is Andhra Pradesh and girls have equal right on parents properties here.

2. Is there any way where i can claim my share on the money that my father left when he died? All the money were in the form of promissory notes and those were collected by my step mother immediately after my fathers death.



Learning

 9 Replies

Adv. T.K Sujith (lawyer)     20 November 2009

As per ur problem, ur father was dying intestate, He had two wives and three children. If it is correct, there are 5 hirers to ur father’s properties. All the property (both inherited and self-acquired) of a Hindu who died, intestate (without making will) shall be divided equally among the sharers. Hence u can claim over 2/5 share (including mother's share) of the property and money. U can file a partition suit before local civil court

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 November 2009

Definitely you have 40% share in the property and you can agitate this issue before proper civil court through locally engaged counsel.

kranthi kiran (Works In Judicial Department)     20 November 2009

Dear Ramesh, you are entitled to 40% (20% share of yours + 20% share of your  deceased motehr's) of the total propertiesinherited by your father. File a suit for partition and for  allottment of such share.

Khaleel Ahmed Mohammed (Advocate )     20 November 2009

I agreed with Mr. Raj Kumar.

K. Rajendra Prakash (Advocate)     23 November 2009

I agree with Mr. Raj and T.K. Sujith.

1 Like

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     14 December 2009

Yes I too agree with raj

Ramesh (Director)     14 December 2009

Hi All,

My mother expired in Dec,1980 when i was only 9 months old. At the moment the survivors are 4 No's me, step mother, step mothers son and daughter.

Can u'll pl explain how i can claim 20% for my mother who expired?

K. Rajendra Prakash (Advocate)     15 December 2009

You are entitled to 40%.  File a suit for partition.

Ramesh (Director)     15 December 2009

Can you please explain me how i will be eligibel to get 40% of the share. Some of the lawyers whom i consulted were saying that the whole property will  be divided in to 5/16 th to each of the children and 1/16th to the surviving wife. In this case i will only get 31% (5/16th) where as the second wife family will get the remianing 69%.

From 1992 the second wife family has been enjoying the whole property and none of my expenses have been borne out of that property.

During partition of the HUF in 1992 my grand father gave 2 lakhs cash to each of the 5 sons to whom HUF property has been shared. However, no mention about this cash has been made in the partition deed.

Do i have any right over this cash?  


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