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Regarding my legal rights after mothers affiar after my fathers death


22-May-2024 (In Family Law)
I am 22 yrs old currently a bachelor. Last year a tragedy happened and i lost my father. Not even a whole year passes and i discover that my mother is having an affiar with one of my family member.already i dont match my thoughts with my mother and have conflicts on small things. But after this discovery i just dont want to be with her and want my seperate life, also i want my partition in my fathers property for which all, my mother,my sister and myself are nominee. I want a legal advice.
Answers (2)

Answer #1
593 votes
You will have to first get legal heir certificate issued from the court. For that purpose you will have to apply before the court under section 2 of Bombay Regulations Act (if you aren't residing in a metro city) and thereafter you may file a partition suit.
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Advocate Mohd Atik Iqbal

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Answer #2
716 votes
Well, you can send a Legal Notice to your Mother, claiming your share in the Father's Property which you need, so that, you can commence your life separately after selling your share in such Property. If your mother does not fulfill your legitimate demands, which you express in legal notice, then, you can file a Partition Suit in Court claiming Partition of your Dad's Property, considering if no Will is in place, then being a Class - I Legal Heir as per the Hindu Succession Act, you will get equal share in your Father's Property equivalent to the share of your Mother and your Sister in Father's Property.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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