Rights of a maternal step son
Querist :
Anonymous
(Querist) 30 August 2011
This query is : Resolved
Sikh X is married to Y when Y was already pregnant from another person and a son was born Z just after marriage. So Z's mother is Y but father is not X. Z grew up in the family of XY and took X's family name as well. After marriage X and Y have 3 sons ABC and daughter D of thier own. Y died first. Then X died. Now X had property in Ludhiana in his name and no will was made. Also, Z is an american citizen now. Does Z and D have any right on the property?
R.Ramachandran
(Expert) 30 August 2011
At this distant date it is not possible to say whether X was father of Z or not, especially when X is no more.
Further more, all along Z has been treated as the son of X.
Therefore Z is also equally eligible for inheritance of the property left behind by X. Z obtaining U.S. citizenship will not alter the situation in any way.
I do not know why you are doubting whether even your sister "D" is eligible for her share or not? She is very much the daughter and legal heir of X and therefore she is eligible to inherit the property.
Dr Anil Kumar Singh
(Expert) 30 August 2011
I agree with expert. All the legal heirs of X including Z & D have right in the property of X
Raj Kumar Makkad
(Expert) 30 August 2011
Though legally Z has no right in the properties left by X but it is to be proved by ABC & D who are coparceners to inherit the properties in equal share. If it could not be proved then all are equally entitled to inherit as suggested by all experts.
prabhakar singh
(Expert) 30 August 2011
Yes ,the crux lies here"all along Z has been treated as the son of X."with no record to prove from whom he was born.IS there any evidence where from it can be proved that not x but so and so is the father of z .And your version shows he always used y's name as his father in all records,very strong evidence,to rebut the same you have nothing.
ABC&D as well z all will inherit (irrespective of z being in America)
and in case of any dispute z has 99% of sucess,and D has 100%.
Querist :
Anonymous
(Querist) 31 August 2011
Thank you for your replies.
So legally, Z does not have right if he is proved to be a uterine son?
It is known in the family but no evidence is available yet. What if the other members of the family give their statement that Z is not X's son...then can a DNA test between Z and other siblings be enforced to prove it?
Raj Kumar Makkad
(Expert) 31 August 2011
Al evidence including DNA test can be got proved, if you like to do so otherwise overwhelming evidence is against you.
Advocate. Arunagiri
(Expert) 31 August 2011
Z is neither a son nor adopted son. so, he can not get share in the property of X.
prabhakar singh
(Expert) 31 August 2011
Expert : Advocate. Arunagiri ! your remark as position of law can not be disputed.
But question in hand is otherwise.
z has all through his life represented himself in records as son of x (&) y.
And neither x nor others in family of x ever denied.And all above they do not have even a suggestion to give that so and so is the person from whom z is born. as of now x is dead . others born from union of x and y now want to deny z as not born from x.
IS IT POSSIBLE??
Advocate Bhartesh goyal
(Expert) 30 August 2011
