Legal Question in Real Estate Law in India

Hi I am Malla Reddy from Andhra Pradesh India, from Hindu family.

I have a question regarding ancestor property.

My father got second marriage after the death of my mother; I and my sister are the first wife children, he is not looking after us, but with many difficulties now I settled in life. Now we (I and my sister) are asking for the partition of the property (land) got from ancestors. My stepmother intervening and stopping him (my Father) to do so, after some time, now my father also turned towards her and not accepting to do so. Can I fight legally on this? Who will have more rights whether first wife child or second wife child. My step mother has one son and one daughter. We have total 26 acres, what is the probable share of mine in this? Can someone please advise me on this so that I can proceed?

Thank you in advance for giving advice.


Asked on 12/03/10, 1:35 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

All children, either from the first wife or from the second wife, will have same rights.

You may consider filing a suit for partition and separate possession.

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Answered on 6/05/11, 12:29 am


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