Share to step son

Querist : Anonymous (Querist) 18 September 2011 This query is : Resolved
a piece of property belonging to father was transferred to mother's name after his death[father had lots of other properties and he is no more]. now his son from his first wife [deceased - before his second marriage] who was away from him for long and enjoying his own life and did not care for him [ as a result he had to live at his wife;s place and the children from second wife were very small] is claiming share in this piece of property. all other properties are with his relatives since this son never bothered to take care of father as well as property. please clarify how to go about it. whether it is unlawful to sell the properly.

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R.Ramachandran (Expert) 18 September 2011
There are several he and his. It is very difficult to know which he refers to who. Can you therefore, without adding your mirch and masala, just tell the facts and pose your query.

Querist : Anonymous (Querist) 18 September 2011
step son is asking for the share in piece of property which was transferred to second wife's name after the death of father. please suggest remedy for this problem

R.Ramachandran (Expert) 18 September 2011
If it was self-acquired property of the father, the son from the first wife is also entitled to a share by way of equal inheritance. It is not clear how the entire property could have been transferred in the name of the second wife without considering the other eligible legal heirs?
Any way, the son through the first wife of the deceased being a legal heir of the deceased father is entitled to his share. It cannot be denied.