Vamsi 27 May 2021
Can a biological son, who is in the custody of and residing with biological mother and step father (Biological mother and father divorced and later married separately) since more than 33 years, lay claim to intestate property of biological father, when the biological father also has another son from second marriage. If yes, can he lay claim on the step father’s property also?
SHIRISH PAWAR, 7738990900 (Advocate) 27 May 2021
Hello,
The biological son has rights in the father's property. But he will get the property only after the death of his biological father.
Sankaranarayanan (Advocate) 28 May 2021
yes he has right to claim over it after the father's life time if still in his father name
sneha jaiswal 29 May 2021
Hello, Greetings of the day!
For the query you posted, I would suggest that:
During the lifetime of the father, he cannot have the right to claim until unless he himself gives him as a gift under love and affection or by will. But he has the right to claim the ancestral property (if any), during the lifetime of his father. Only if your father dies intestate that is without making a will, then you will be entitled to get shares as legal heirs.
In ancestral property: You can claim the property.
In self-acquired property: You cannot claim the property until unless he gifts you under love and affection or by will. If your father dies without making a will, then surely can claim his property as a legal heir.
For better guidance, I will suggest you consult a local lawyer.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
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