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  • Category: Indian Law

    Stepmother and her daughters right


    Are you facing some legal queries about inheritance after second marriage? Searching for answers to your concerns? On this ask Expert page you can check out the responses from experts and resolve your query.

    My mother died when I was 9 and after that my father married to another women who already had 3 daughters from her first husband.(I don't know how her first husband died).
    My father is currently living in a house which is my grandfathers property(previously there was 2 rooms in the house but my father made two more rooms).
    If something happens to my father who will the rightful owner of that property?
    Do my stepmom and her daughters have any share in my grandfathers property?

    Apart from that my father purchased a new land with his name(or may me along with my step mom's name). Who will be the owner or shareholders after my father in both cases: when step mom's name is there and when name is not there?
  • #153048
    The ancestral property will not be considered your father's property in the sense that all the beneficiaries have right on that property. It will be divisible accordingly.

    As regards your father's own earned property, it is at his discretion and he can give it to anyone he likes. He can write a will also about it thay how it will be distributed after his demise. As he has already purchased it in combined name with your stepmother, she is presently co owning it.

    So in case of unfortunate demise of your father you have a proportionate share in the ancestral property but not on your father's property until unless he writes a will.

    Knowledge is power.

  • #153049
    I don't think your step mom's daughter will have the share for your ancestral property. Although you are entitled for the same whereas the property your father bought will be shared among the people whom your father would like to. After your father's death your step mom shall be an owner of some proportion of that property.

    Mine case is bit different from your case. My father had two marriages. His first wife (my mom) had two sons me and my elder brother. My father bought a house which is on her name. She died when I was of 4 years. He remarried and had two sons. Now the dispute is on that house. My father doesn't want to give us the share whereas we consulted an advocate and as per him me and my elder brother and my father are entitled for this property legally as it was on the name of my mother.

    In your case its different I don't think your step sisters are not liable to get share from your ancestral property.

    Sanjeev

    " It is better to be hated for what you are than to be loved for what you are not" ... Andre Gide

  • #153050
    The first basic question striking in my mind how your father could negotiate a second marriage despite having a wife from the first marriage. In Hindu - marriage act, such action is considered illegal. You may contact a lawyer for the better guidance.
    If the court declares that the second marriage is illegal, there would be a remote - chance that the daughter's of your step- mom is to be benefited with the ancestral- property.
    However, in other religion, distribution of the property would take place depending upon the prevailing law.

  • #153055
    Direct lineage is important here. If no lineage then property goes to next in line. This is thumb rule.
    The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. Class I are the sons, daughters, widows, mothers,grand children or their spouses.
    So in your case, you and your step mother are legally can get property share. If it would have on your mother's name then you and your father should have share. My advise is just get settle first then think about this. If you are not independent then you will be pressurized. For sure without your signature that property can not be sold. So wait and watch for what happens. Also keep copies of original property papers which is on your grandfather's or father's name.

    Avi
    Life Is Beautiful

  • #153062
    The property inherited by your father from his ancestors will automatically go to the legal hires. So nobody can stop you from getting your share from that ancestral property.
    The children your stepmother had with her first husband can't be considered as legal hires to your father's property. In such case, you and your stepmother will become the legal hires for his property. If your father makes any will before he expires regarding the property he purchased, the beneficiaries will be as per the will. Otherwise, you both can share the property. If the property is in the joint name of both partners unless otherwise, we see the document we can't say correctly about that. What I advise you get a copy of the registered document of that property and show it to a good lawyer in your area and go as per his advise. A known lawyer is always better.

    drrao
    always confident


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