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Can son claim on fathers self acquired property
02-Nov-2023 (In Civil Law)
Hi, My father is married to second wife , and he written the Self acquired property in her name . Can i file a case to get my share on it as well as my ancestral property . I have two sisters as well ..
A person can deal with his self-acquired property as he feels, no one (including his/her spouse, son, daughter, parents) has a say over how a self acquired property is dealt with.
To answer your question, you cannot file a suit asking for a share in your father's self-acquired property if your father has gifted it to your step-mother, or if your father has written a will in your step-mother's name (of course, a will be effective only after a person's death).
Having said that, if your father acquired the property with funds originating from your ancestral property, you will have a claim over the same. You must consult your lawyer with all the relevant details to ascertain if you have a claim or not.
You and your sisters have a claim over your ancestral property, and you file a suit seeking partition and separate possession of the same.
To answer your question, you cannot file a suit asking for a share in your father's self-acquired property if your father has gifted it to your step-mother, or if your father has written a will in your step-mother's name (of course, a will be effective only after a person's death).
Having said that, if your father acquired the property with funds originating from your ancestral property, you will have a claim over the same. You must consult your lawyer with all the relevant details to ascertain if you have a claim or not.
You and your sisters have a claim over your ancestral property, and you file a suit seeking partition and separate possession of the same.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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Hello,
-With respect to your father's self acquired property you cannot claim any share as it is self acquired and he can sell gift or write Will as he wishes to do.
- but with regard to ancestral property you can claim for your share in the property along with your sisters.
-With respect to your father's self acquired property you cannot claim any share as it is self acquired and he can sell gift or write Will as he wishes to do.
- but with regard to ancestral property you can claim for your share in the property along with your sisters.
Helpful?
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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