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Father's previous wife's children.

(Querist) 29 April 2016 This query is : Resolved 
My father remarried after his first wife died after giving birth to a daughter. Me and my sister are my father's second wife's children Now my parents are No More. My step sister is married and well settled.
Does she have any right in my father's property? My own sister from father's second I've also married and we'll set. Property was bought by my father few years after his second marriage.
kavksatyanarayana (Expert) 29 April 2016
You, your own sister and step sister i.e. your father's first wife's daughter have equal rights over your father's property if he is died intestate.
P. Venu (Expert) 30 April 2016
Yes, both the sisters are entitled for their share.
Kumar Doab (Expert) 30 April 2016
Agreed with Experts.
Brigu Kumar (Querist) 30 April 2016
My thanks to above Advocates for their replies.
However, I had read High Court's judgement and later Supreme court's Judgement that step sister in such case has no right. How that order was given? Can someone explain?
P. Venu (Expert) 30 April 2016
Your information is wrong; the principle is that stepchildren are not the legal heirs unless legally adopted.

Brigu Kumar (Querist) 30 April 2016
Further, one of my relative got Probate as Plaintiff where I was Defendant in our property. I have decided not to file Appeal as I got my share in it though it would be under 1st Appeal - due to money & time involved due to my senior age. In case I want to, how much Court Fee/Stamp Duty, etc or whatever is to be paid? How long is it likely to take time wise for every thing?
What legal procedure & requirements are to be followed by both of us, step by step at HC, at Registrar & other Gov't Depts/Agencies etc if I don't go for Appeal?
Can anyone force me to sell or transfer my share?
P. Venu (Expert) 30 April 2016
This posting is totally unrelated.
Brigu Kumar (Querist) 30 April 2016
Though Probate is granted to my relative as mentioned above, I feel strongly that it due to the Will which was forcibly prepared & signed by Testator, which due to No Evidence etc could not be proved.
But Testator always told me he would transfer his property through a Conveyance Deed thro a Solicitor as he knew this procedure which he had said is simplest & cheapest. Yet all opposite things emerged!
Is it now possible something different could come out which could make his Will null & void resulting in cancellation of Will & Probate? If so, from where those different Documents could emerge & at what stage?
Brigu Kumar (Querist) 30 April 2016
I am confused between what Testator really intended to do and what has actually happened. That is why asking question as and when the same arise in my mind. I would very much appreciate for all guidance in the matters from all helpful Advocates.
Brigu Kumar (Querist) 30 April 2016
Thanks Mr. Venu, agree it is unrelated, but I had posted a query about 2 weeks ago here itself. Therefore I have asked above Q's w.r.t same property & same two parties if you would excuse for mixing up. I am just a layman unaware of these court matters.
Rajendra K Goyal (Expert) 30 April 2016
1. Does she have any right in my father's property?

Ans: yes both sisters with other LHrs. have share in the property of your father after him, if expired intestate.

2. Who bought the property and whether the owner has expired leaving any will which is probated? How were you defendant?

Your facts are not clear, discuss with your lawyer.
Kumar Doab (Expert) 30 April 2016
Once again agreed with experts.
Brigu Kumar (Querist) 30 April 2016
Thank you Adv. Mr. Goyal for your reply. Now I don't want to contact/ask anything to my lawyer for circumstances explained above. Hence asking here with some hope.
Thanks and regards to all lawyers as above.
T. Kalaiselvan, Advocate (Expert) 01 May 2016
I agree to the views and opinions expressed by expert Mr. Rajendra K Goyal.
The author should not mess up things to confuse the experts here
Brigu Kumar (Querist) 02 May 2016
My reply to Mr. Goyal: (1) Yes my father expired intestate, so children have a share-true. (2) Property was owned by my uncle A who was single living alone and my father B has a son-myself & 2 daughters. A & B, both expired long ago, they had no other brothers or sisters behind them. After A's Will came out, C would get A's share after his death. Will challenged by my father B, so we both became Defendants. As per Order, C got probate. All things are clear, no room for confusion.
Real story is, C became close to A few months before A's death. But before his demise, A had told me he would go to a Solicitor to transfer his and my father's share to me thro conveyance. So my earlier query on this aspect. How do I now/find out whether or not, that Conveyance Deed exists or not? I have stated here what A had told me much before his demise. I think scene is very clear leaving no room for confusion.
Now could some expert give me advice/guidance?
Brigu Kumar (Querist) 04 May 2016
I am not surprised for not getting reply to my last query, I know it is not easy either!
Though within the parameters of Law where every thing is very clearly written, limitation does apply to everything and everyone. That is why I sent my query at this place hoping to get some reply.
I would certainly appreciate if some expert is able to rely for my satisfaction.
Brigu Kumar (Querist) 04 May 2016
Only reason I am curious to know the answer to my query is because the point raised regarding documentation is one of major areas where Frauds and Forgeries are happening in property matters and that is not easy to prove at times due to cleverness of fraudsters. High Courts do not go in to the roots of matters at all. They see final cosmetic end product !
Now my matter is going to come up in City Civil Court where I have demanded documentary evidences, this is where my rival is going to have real testing time. He too has limitations!
Kumar Doab (Expert) 04 May 2016
The WILL has been probated.
Ask the solicitor if any conveyance deed was registered.


Try and find out form concerned office if any conveyance deed was registered.


otherwise as posted by you, you have demanded documentary evidences in City Civil Court.
T. Kalaiselvan, Advocate (Expert) 04 May 2016
You were orally told about transferring his share of property to you by A whereas he never did anything to prove his saying nor there was any evidence shown to you for any such conveyance. So it clearly indicates there is nothing concrete about it except some hear-saying. So searching for something without even knowing that anything of that sort existed at all, is as good as groping in the dark.
Thus it would be better if you concentrate in your current case on the basis of the proceedings already going on.
Kumar Doab (Expert) 04 May 2016
The WILL has been probated.

OP's can and may place the probated WILL on record.

It is your contention that conveyance deed was assured/registered?


So the onus may fall upon you.



In any case the court shall decide.


Your able lawyer can guide you further.
Brigu Kumar (Querist) 06 May 2016
My sincere thanks to all of you for suggestions and guidance. Now I am focussing on City Civil Court which would open after vacation.
Since my lawyer botched-up my case on 2-3 points, I don't want to continue him.
Would it be possible for any of you to suggest a Lawyer? If so, please let me have his/her details to contact.
I am based at Mumbai.
Thanks again.
Kumar Doab (Expert) 06 May 2016
If you want to search in LCI databank, use the Search option.

You may post your location and if possible some expert may suggest.
Brigu Kumar (Querist) 06 May 2016
I forgot to mention, my requirement is for Mumbai.
Kumar Doab (Expert) 06 May 2016
If you wish you may approach LCI Expert Mr. Ajay Sethi.

Needless to mention it shall be prerogative and discretion of Mr. Ajay Sethi to counsel you and you alone shall have to settle the terms, fee etc on your own.


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