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Dispute over dividing property of my father. Please help.
29-Jun-2023 (In Family Law)
Sir, I am born out of lawful wedlock(i am illegitimate child).My father was previously married to a lady and had a son before. Then he married my mother( so called court marriage) without divorcing his 1st wife. Basically my father has 2 sons, one from 1st wife and the second one is me(from 2nd wife). Currently he is staying with us from past 24 years and is refusing to give me any share in his property. I want to ask do I have any right to his property. Can our Indian Judiciary help me to get 50 percent share in his property.If yes,Then what are procedures i need to follow.Please guide me.I am Jain by caste.
Dear queriest,
The marriage with second wife without giveing divorce to first one is null and void. Any issue born from that marriage has the right on the prooperty of his father subject to following conditions:-
1) if the property acquired by ur father is the anscestral property you can get your share of property.
2) if that property is self earned property of your father then you also can call upon partition.
3) the condition is subject to the restriction that you will get share out of your fathers property only.
Further it is suggested if your father doesnot accepted you as his child you have to file suit of paternity before calling suit for partition and injunction
Rgds
Adv.sood
The marriage with second wife without giveing divorce to first one is null and void. Any issue born from that marriage has the right on the prooperty of his father subject to following conditions:-
1) if the property acquired by ur father is the anscestral property you can get your share of property.
2) if that property is self earned property of your father then you also can call upon partition.
3) the condition is subject to the restriction that you will get share out of your fathers property only.
Further it is suggested if your father doesnot accepted you as his child you have to file suit of paternity before calling suit for partition and injunction
Rgds
Adv.sood
Helpful?
16+
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Adv. Shivam Sood
Ludhiana | 200+ Answers
Chat
Hello
You have query to get share from property of your father.illegitimate child also have right in father property .if you want to know more you can call or mail at given address
You have query to get share from property of your father.illegitimate child also have right in father property .if you want to know more you can call or mail at given address
Helpful?
11+
11+
Adv. Deepak Sabharwal
Amritsar | 200+ Answers
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Yes you have full right over the property of your father as per your share under the law of succession and it doesn't matter whether you are illegitimate child as you father never disagreed the relationship with you and your mother so you must adopt legal procedure for the betterment of your fate.
Helpful?
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