Legal Question in Family Law in India
step mother
my mother died few days after giving birth to my brother, by then i was 5yrs old.my father got married again and they had 5 sons.i and my brother were told by others that all property is in the name of my step mother. but ,no will is made.now do we have the right to get any part of the property. my father expired two years back and my step mother is selling the property gradually.we also have no details of what all property is sold and what is remaining. kindly suggest aproper way to face this problem.iam unaware of these rules and my brother is an illeterate.iam now 58yrs old,and all brothers have children along with me.
6 Answers from Attorneys
Re: step mother
File a suit for injunction and partition. If the property is your ancestor's property you can claim an equal share along with others in the property.
Re: step mother
claim your share and also partition of properties and if you donot get,then approach the court.In case of need contact with details,professional charges are applicable.
Re: step mother
every son, daughter and the wife have equal right in the property so if you are 7 siblings and one widow so the property will have 8 shares.
you can file case for injunction and partition.
Re: step mother
You may partition the properties and claim your share.
Re: step mother
You will share equally with all Class I heirs of your father.
Re: step mother
1)You did not mentioned that the properties you are talking about are self-acquired properties or ancestral properties (meaning:properties acquired from your grand father. If they are ancestral properties both of you have right on those properties even if your father gifted them to your step mother.
2)If the properties are self acquired: If your father did not executed a Will, he may executed Gift Deed. (You did not mentioned that gift deed is executed or not).
3)If he did not executed any document like Will, Gift Deed both of you will have a right on those properties.
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