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  • Category: Indian Law

    Stepmother's rights towards father's property


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    My father did second marriage after my mother died 9 years back and the other woman who came always mentally harassed my father and us i.e my elder sister and me . She used to fight with my father a lot and thereafter used to leave for his home.
    Last year my father died because of heart attack. We had two houses, both were in his name. Only after he died one house was transferred in my name legally signed by my sister and step mother. The other house is in my fathers name only. But now my step mother is harassing me mentally saying that I'll take you to court if you won't name me in the other house. Her behavior is like this only from past and because of which me and my sister started living away from home. My sister is unmarried and we are now alone. We live in different place but whenever we go home she starts fighting with us. She is getting PF, gratuity and pension too. I haven't said anything to leave this house. All my neighbors know his reality about how she is.
    Can he claim her right in the house which she herself signed and is there anything we can do to safeguard ourselves if she plans to go court in near future. I have her voice recorded when she was yelling at me in phone 2-3 times?
  • #143044
    Are the two houses are earned by your father or he obtained them from his father. Did he write any document regarding his self earned property giving who will get what after his death. These are the things you have look into. Is your step mother have any children? If your sister and step mother signed the papers of registration there may not be any problem. But you have to get a legal heir certificate from government. Both you, your sister and step mother are legal heirs to your father. If he has not written any document all his self earned propriety and other propriety has to be shared between three of you.
    drrao
    always confident

  • #143045
    Your father has married second time only after your mother died. If the second wife(your step mother in this case) is married legally or under any normally accepted way of marriage of the respective community or religion, even if not registered, she is the legally wedded wife of your father. She gets all the rights of a legally wedded wife.

    As such she has rights on all the assets of your father.
    It is good of her that she agreed to give one house to you and did so. Now it should be your goodness that you ensure that your step mother gets her rights too.

    The best way now is to undertake proper partition. In that whatever she has already given to you should be reckoned as your share from the total undivided assets. So it is just natural justice that you will get 1/3(You, your sister and step mother -3. I take that you do not have a step brother or step sister). So what now you honestly deserve is 1/3 rd of the total undivided assets MINUS what you have already received.

    So I suggest you not to over provoke your step mother, but settle things amicably without losing the familial ties. If she is staying in your father's house and she does no have another house, then you just cannot throw her out. At the maximum your sister can exert her right to stay in that house as she is not having a house of her own now.

  • #143049
    Hi Dr. Rao and Venkiteswaran sir, I appreciate both of your answers Yes it is my father's self earned property and actually he has written in a piece of paper about the house,his bank accounts etc.,to be named after me and my sister but the paper is not a legal will i suppose as it is not written by any lawyer or anyone however he has signed it by himself , Secondly, no the step mother is not having any children and yes i do have the signed documents in my name by my sister and step mother .Venkiteswaran sir, the thing is i didn't wanted to do any such thing like partition and all but the women i am talking about here is not co-operative as she keeps on fighting with everyone and starts abusing even I am afraid that she can cross any limit to throw my sister and me out of my dad's property as she has a lot of backup back home therefore,I wanted to educate myself by all you experts so that when the time comes I can do something to save our rights as we don't have anywhere else to go .The house that I've mentioned above , she signed it in my name just for the sake of others during the days of my father's funeral and now she's torturing me mentally that you made me do that without my will and i can sue you for this I do have the eye witnesses in this regards however, as she signed it in the govt. office in front of everyone by herself after reading the same thoroughly .


    Regards,


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