LawRato

Step monther and step mother sons issues.


28-Feb-2025 (In Family Law)
My father is first monther son and step mother has kids. My grandfather was expired and didn't write any documents for property. My father's grandfather has some assets and now step mother sons are claiming that property. Do we have right to get back my properties. I am the grand son of my father's first mother. Please suggest. Thanks in advance.
Answers (1)

Answer #1
867 votes
Yes, you have a right to claim your share in the ancestral property, depending on whether the property in question is ancestral or self-acquired by your grandfather. Understanding Your Rights 1. If the Property is Ancestral (Passed down for four generations without division) Your father, as the first wife’s son, has an equal right in the property along with the stepmother's sons. Being his legal heir, you also have a claim in his share. Even if no documents exist, you can file a partition suit to claim your rightful share. 2. If the Property is Self-Acquired by Your Grandfather If your grandfather did not leave a will, the property will be distributed under the Hindu Succession Act, 1956. It will be equally divided among all legal heirs (your father, stepmother, and their children). You can claim your father’s share as his legal heir. Steps to Claim Your Right Step 1: Collect Evidence Get land records, tax receipts, or any old property documents. If the property is ancestral, get historical records from the Revenue Department. Step 2: Send a Legal Notice A legal notice should be sent to stepmother’s sons demanding partition. Step 3: File a Partition Suit (If No Settlement is Reached) If they refuse to give your rightful share, file a Partition Suit in the civil court. The court will divide the property legally based on Hindu Succession Law. Step 4: Get a Court Order for Property Mutation Once the court decides, you can get the property transferred in your name. Key Points to Remember Ancestral property cannot be denied to your father or his legal heirs. If your grandfather made a will, then the property will be distributed as per the will. If your father is alive, he must file the case. If he has passed away, you can file the case as his heir. Would you like help in drafting a legal notice for partition?
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."