Legal Question in Landlord & Tenant Law in India

sir/madam,

Please consider this as a special request because i dont have any knowledge about the land dealings.

i am the only son of my fathers first wife. after my mothers death my father married another women and they are having 2 children.i am of age 42 and they are also close to me but i am the eldest. they are children of my father second wife.

my father has land of 100 acres and my father has decided to divide it.

whats my share in that as i am the first wifes son will i get 50% or an equal share to all ?

another thing is that i stay far away from them and they stay with my father always trying to snatch all the property .till now they have taken lot of money of my father .now the land is the only thing left for partition. can you please tell me whats my share for which i can fight for ? please reply me as soon as possible because the date is mearing and even they are trying to give me an equal share .

.is that a loss for me ?

as i am the eldest and the son of first mother

please reply.


Asked on 11/06/10, 10:29 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

during his life time, your father can distribute the land in any manner he wants. You cannot seek the partition or claim any share as a matter of right. it is his choice. your being eldest has no meaning so far as the distribution of land during his life time is concerned. It is only after his death that you will have equal share with children of second wife and second wife also.

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Answered on 11/06/10, 1:41 pm


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