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Stepson claim for house living in for 25 years, how to transfer
09-Oct-2023 (In Property Law)
My mother is second wife and me and my mom are not in contact with my father for over 10 years but now due to some circumstances the house that we live in for over 25 years which is in my fathers name has some issues. So after 15 years I met my father to transfer the house in my name and to sign for a gift deed but he is not ready stating he cant show any relation. So what Can I do ???
Does ur father have another kids from his first wife also if not then also if the relation is not proved nothing can be done also living 7+ Years without knowing each other is considered as separate
1) on father demise intestate you would have share in his self acquired properties
2) you cannot claim father self acquired properties during his lifetime
3) you should not file any suit for partition and claim any share in father self acquired properties as chances of success are bleak
4)Self acquired property of your father is concerned he can dispose of the property according to his wills and fancy and you have no right to claim that property, provided if your father died interstate then only you are entitled for share in the self acquired property.
5) As far as ancestral property is concerned you have share in the property you can claim it any time during the life time of your father or after his death also.
6) From the latest Supreme Court Judgement you are also entitled for share in the Joint family property.
7) The self acquired and ancestral property of your father will devolve on his widow and children from first and second wife. The right of daughter to succeed to her father's share in the ancestral property is subject to the date of demise of father.
8) You are free to file a suit for partition to cull out your share in the ancestral properties if they are ancestral for you. A property that may be ancestral for your father may not necessarily be ancestral for you.
Regards
Shashank Choudhary
1) on father demise intestate you would have share in his self acquired properties
2) you cannot claim father self acquired properties during his lifetime
3) you should not file any suit for partition and claim any share in father self acquired properties as chances of success are bleak
4)Self acquired property of your father is concerned he can dispose of the property according to his wills and fancy and you have no right to claim that property, provided if your father died interstate then only you are entitled for share in the self acquired property.
5) As far as ancestral property is concerned you have share in the property you can claim it any time during the life time of your father or after his death also.
6) From the latest Supreme Court Judgement you are also entitled for share in the Joint family property.
7) The self acquired and ancestral property of your father will devolve on his widow and children from first and second wife. The right of daughter to succeed to her father's share in the ancestral property is subject to the date of demise of father.
8) You are free to file a suit for partition to cull out your share in the ancestral properties if they are ancestral for you. A property that may be ancestral for your father may not necessarily be ancestral for you.
Regards
Shashank Choudhary
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Adv. Shashank Choudhary
Navi Mumbai | 25+ Answers
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