what is Procedure of partition of Father's property died intestate ?
23-Jun-2023 (In Property Law)
Hi, My dad had 2 wives and he died intestate with a Duplex house, car, gold chain, gold ring and plot in nelamangala. I am a second child of his first legitimate wife and I would like to file a suit on the second wife who is illegitimate and her illegitimate daughter. Please let me know how can I file a suit for possession of house,car, plot and jewellry he possessed. Thanks, Raj
Sir, u can file a partition suit and can claim your share of property , u can claim immovable property but its difficult to claim movable property has the rights get transferred once possession of the goods are transfered and the movable can easily be transfered/ sold.
First you have to check whether your father's property is ancestral or self acquired and is there any other legal heirs to that property who want to claim. Mean while you can't sue against you father's second wife and children by denying their rights in the property because illegitimate children have their share in your father's property and that can't be refused.
It' is your fathers own property or ansetral ..if it is ansetral you can get your share ,if your fathers own he didn't written any will no problem you can get your share ..if any will is there you have to challenge
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