Legal Question in Family Law in India
Father's Property to Son with step mother!
Dear Experts/Gurus,
My father was married to a woman and borne a son(Raj), when she died he again married my mom and from my own mom we are 2 brothers and 5 sisters. Few years later Raj left us and started living at his uncle's place and he didnt turned back till 25 years.After 12 years of my dad's death he came and asking us for my father's property share.How this property can be distrubuted?Can it also be distributed amongst my sisters?Because if he is entitled to it we want to share this amongst my sisters also so that my they can enjoy it rather than putting it in any stranger's(for us)hand.So can it be amongst my mom, sisters and we 3 brothers now?(Total 9 Shares)How can we prevent him to get the share from it as he's never been in touch with us? Please help.
4 Answers from Attorneys
Re: Father's Property to Son with step mother!
1. he has an equal right to the property.
2. he can file a partition suit against you and take his share.
3. you are likely to lose the litigation , unless your father has left a will in which he has been EXCLUDED.
4. its better to settle the matter amicably, as he may agree to take a lower share.
Re: Father's Property to Son with step mother!
if it is your fathers self accured property then if has made a will it will be as per that other wise all the children get equal share
Re: Father's Property to Son with step mother!
no you can't
Re: Father's Property to Son with step mother!
He is entitled to his share; and is not barred merely because he did not stay in touch with you people.
To claim inheritance, one is not required to be "in touch" with other co-heirs.
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