Rajesh Agarwal 22 October 2023

Right of a child in over her mothers 2nd husband, case of his mother's 2nd marriage after Divorce

Mr. X married a divorced lady and she had a minor son from her 1st husband, how the 2nd husband,s property would be inherited by the minor. plz suggest

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9 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 October 2023

No. The minor cannot become the legal heir of his stepfather in my view.

Isaac Gabriel (Advocate) 22 October 2023

This daughter is not the blood relation to the stepfather.She is not the legal heir.

T. Kalaiselvan, Advocate (Advocate) 22 October 2023

The child of his wife cannot become his legal heir until and unless he adopts the child properly following the complete legal process in this regard.

If the child has not been adopted then he will remain the child's step father only and not an adoptive father.

It means neither the child nor the step father can have any legal rights over each orther

Dr. J C Vashista (Advocate ) 23 October 2023

Whether the minor has been adopted by step-father ? If so, the minor shall become one of the LR in the property, otehrwise, NO.

What is your concern / locus standi to the subject ?

However, It is better to show relevant records to a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding,

Real Soul.... (LEGAL) 23 October 2023

If the father adopted her legally she can only then get a share in property

P. Venu (Advocate) 23 October 2023

Yes, the son has no rights over the stepfather's property. What is the context for this query?

Laxmi Kant Joshi (Advocate ) 23 October 2023

The step children has no right over their step father property because step children are not a legal hier of their step father.

Shashi Dhara 26 October 2023

It depends on family laws child is hindu and adopted by step father he automatically gets right over ancestral property if he is muslim it deny adoption he can become gaurdian only.