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Father favour his second wife and child how to protect property share
27-Aug-2023 (In Property Law)
We are 2 brothers and sister and our mother died at when we were very small and our father did second marriage.Now the problem is our father has become totally mad and crazy behind her and her child who is a girl. We think that our father will sooner or later give away our house in his second wife name and her child.So how can we protect our rights and how can we stop this from happening.Please advice we are in really bad situation.Is there any law that we can protect our house from our father by not giving away to his second wife as the house is presently in our father name. What should we do?
In case the property you are talking about is self acquired by your father he has every right to pass it on by means of a will to his second wife. That means after his death your step mother shall become the absolute owner. Again if your father dies intestate i.e. without leaving a will then the property will rightfully devolve on all his class 1 heirs. That means your stepmother, brother, sister, step sister and you. On the contrary if the property is ancestral then you can stake your claim on it. In that case you must furnish details of the property in question so I can advise you on it.
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Adv. Pipli Datta
Mumbai | 100+ Answers
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Facts are not clear such whether the said property is ancestral or self earned. If it is self earned and then the owner may dispose it as per his wish and will but if it is ancestral then with out your connsent it may not b possible. So see that if father is ready to give u your share by way of "Will or gift deed" and resolve the issue within family four corner.
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Adv. Sagar Kothari
Pune | 400+ Answers
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