Legal Question in Family Law in India
Property Rights of Son and Married sister of second mother
Please let us know the following.
Can we file the partition suit to get share my self and elder sister who is already married. We both are from my father's second wife as per the Hindu Marraige ammended act 1976 of section 16. My father is refuse to give partition and he is selling one by one property. In this case if could not file the suit then after sold all the property till during my father's life time. In this case what can I do.Please advoice me by giving under which section and which act.
3 Answers from Attorneys
Re: Property Rights of Son and Married sister of second mother
is property ancestor's or self acquired by your father
Re: Property Rights of Son and Married sister of second mother
in case it is your father's self acquired property, your suit would fail as it is your father who has all the rights to dispose off his property as he likes. in case it is a joint family property, you have a right to file a suit for partition.
Re: Property Rights of Son and Married sister of second mother
You have a right ONLY in the ancestral properties in the hands of your father. For ancestral properties you are entitled for a partition and can file a suit seeking to restrain him from selling. you can even challenge any sale of ancestral property already made by you after you became major.
If your father is selling properties which are SELF ACQUIRED i.e. purchased by him out of his own income, or received by him in dowry through your mother, you have no share and therefore no right to claim partition.
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