Legal Advice

Share distribution of ancestral property on the advice of stepmother

Query

My father got married after my mother's death and at present having 2 daughters both unmarried over the age of 30 plus. He wants share distribution of ancestral property on the advice of stepmother. I am the only son from my father's first marriage. Now my stepmother is forcing my father to distribute property equally into 3 parts. Property is ancestral not acquired by father himself. They want to misutilized property for themselves and force my father to transfer his portion. Is it possible if yes, what is the right and legal way of distribution. Please guide me. 

Advice

Your father’s second marriage is legal. The children born out of the wedlock of the second marriage are legitimate. There are four coparceners. Your two stepsisters, your father and you are the coparceners. Hence, the ancestral property shall be divided in four parts, your father and three coparceners.

The ancestral property shall devolve upon the coparceners only. Your stepmother cannot claim any share therein. This is an exclusive property because it gives coparceners a right by birth. Even father cannot take away the rights of coparcener.

After the partition, the nature of ancestral property will change. It will become the personal property of each coparcener. If your father wants to bequeath or gift his share to his two daughters, he can do so by making a Will or a gift deed.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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