Community › Forums › Legal Advice India › About land and property division
- This topic has 9 replies, 3 voices, and was last updated 1 year, 3 months ago by
User_e8f4370e.
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UUser_e8f4370e
PARTICIPANT
February 10, 2025 at 6:54 amMy father has remarried after first wife death i and my sister if from his first wife and second wife has one child male, my father second wife sometimes has told me that i will not be given any rights to this property and i am in urgent need of money right now, even my father is against me sometimes that i will not be given any property rights now but i may be given later after marriage, so what should i do in my case to safeguard my property share , the property is being divided between my uncle and father after my grandfather passed away previous year. What should i do to claim my rights ,what court actions should i have to take -
UUser_e8f4370e
OP
February 10, 2025 at 7:53 amany advice will be appreciated-
AAnshseeker301
PARTICIPANT
February 10, 2025 at 8:28 amIf you and your sister have the means, buyout 1/3rd share of the step brother and have the ancestral property in both your names.Alternatively, speak to your uncle If he would be interested in buying 2/3rd share of yours and your sister.
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UUser_e8f4370e
OP
February 10, 2025 at 8:39 amso stepmother could not interfere with this by any legal means right? I could sell my share of property after my uncle and father partition is done? I and my sister have 2/3rd of total property rights combined?-
AAnshseeker301
PARTICIPANT
February 10, 2025 at 1:18 pmYes. Either buy them out, or you sell your share of property.Ensure proper documentation is in place if you are buying.
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UUser_e8f4370e
OP
March 2, 2025 at 11:01 am1 plot getting sold by my father, do i need to approach court for this as i want 50 percent of the sold amount and they are not verbally agreeing on giving me the 50 percent money of this sold plot-
UUser_e8f4370e
OP
March 2, 2025 at 11:02 amalso i have other plots in my villages how to properly divide them what legal way i have to follow for that -
AAnshseeker301
PARTICIPANT
March 2, 2025 at 12:02 pmBest is to speak to 2-3 different lawyers and get their opinion, strategy and fees. Then go with the lawyer who you feel is the best.
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EExperthrishikesh652
PARTICIPANT
February 10, 2025 at 7:55 amNAL. You and your sister have equal rights of your grandfather’s property (ancestral property) as much as your stepbrother has. Your grandfather’s property will be divided into 2 parts one for your uncle and one for your father.The property your father has acquired from his father will be divided into 3 equal parts, one for you, one for your sister and one for your stepbrother.
The decisions of the property bought by your father will be made by him only. If he wants to provide this property to your stepbrother, you cannot interfere in this. If he dies before doing so or making a will, all the siblings and step-siblings have equal share in your father’s property.
This is all considering that your stepmother is not asking for any property in today’s date.
Edit- Rest you can study more in ‘The Hindu Succession Act 1956’
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UUser_e8f4370e
OP
February 10, 2025 at 8:16 amactually my stepmother is interfering when i am asking to sell my part of property even if she asks for a share how much will she get, me and my sister get half of total property if stepmother also asking for a share? Should i file a partition suit for selling my part?
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