Share in the property of the father after second marriage of father

526 votes

Being a son you can challenge the transfer of Property B (allotted to your father by BDA in 1985) to your sister in 2015. You need to adduce proof that subsequent to the sale of ancestral property in the year 1984, the fund/sale consideration was invested in the Property B and hence you have a share in the Property-B.
With respect to Property-A, you along with your father and sister have equal share in the same.
You can file a partition suit with respect to Property A before the jurisdictional civil court where the site is situated.
You can file a Declaration Suit challenging the transfer of Property B to your sister in 2015.

Advocate Jagadish N LawRato

522 votes

As per section 14 of the Hindu Succession Act, mother held prop A as full owner thereof. Mother has died intestate leaving behind her the son (you), daughter and husband as the legal heirs succeeding to prop A simultaneously as per sections 15 & 16 of the said Act. Each one of you have succeeded to 1/3 share in prop A as tenants in common. You can claim your share in prop A.

Advocate G M Paramasiviah LawRato

781 votes

You have right over the ancestral property and you have not stated whether you were major when ancestral property was sold by your father. Anyways your right in that cannot be denied but you don't have any right over your father's self acquired property unless he executes it to you through his will and wish. Coming to your ancestral property as you have stated you father has sold it in the year 1984 and purchased it in 1985 so you have to prove that your father has sold ancestral property and purchased the BDA allotted property in that money and can claim your right or you can even claim your share in the sold ancestral property but it should be in your knowledge and have to be claimed by you before court of law within 3 years of your attaining majority.

Advocate Rajesh K.S LawRato

997 votes

See consider about age of you, when he was sold A property,& B property allotted after he sold ansitral property even it was behalf of u r mothers name right ..now she left without will ..see how Many children's are there to u r mother they are all have rights on that property

Advocate Vedashree A LawRato