property division against stepmother
Parul
(Querist) 02 September 2017
This query is : Resolved
pls advice me as my father died 2007 without signing will leaving my stepmother son .
Rajendra K Goyal
(Expert) 02 September 2017
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance and properly clarify your doubts in detail.
R.K Nanda
(Expert) 02 September 2017
state detailed facts to get proper reply.
Kumar Doab
(Expert) 02 September 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 02 September 2017
What is nature of property;Self acquired, ancestral?
Your father married your step mother after death of his 1st wife?
Kumar Doab
(Expert) 02 September 2017
In case of Hindu male 1st right is of ClassI legal heirs; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters including sons/daughters from valid/void/voidable marriage(s).............
If the marriage of your father with step mother was void then she has NO forced share in his property.
If your father married your step mother after death of his 1st wife then she has a share.
Kumar Doab
(Expert) 02 September 2017
In case of Hindu male 1st right is of ClassI legal heirs; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters including sons/daughters from valid/void/voidable marriage(s).............
If the marriage of your father with step mother was void then she has NO forced share in his property.
If your father married your step mother after death of his 1st wife then she has a share.
Kumar Doab
(Expert) 02 September 2017
looking into year of death of father posted by you, you should have equals share in father's property; self acquired/ancestral.
Kumar Doab
(Expert) 02 September 2017
Apparently it is simple matter of inheritance; Intestate Succession.
The procedure, forms etc is usually available on website of O/o Authority under whose jurisdiction property falls say;MC, or in office.
Usually death certificate,Legal Heir certificate are required.
Legal heir certificate is issued O/o Tehsildar.
Complete the process and get copy of updated mutation records shwoing ownership by inheritance.
This is sufficient for future reference.
Guest
(Expert) 02 September 2017
Given the brief facts, it is a simple case of equal division of property between you and your step brother, if no other eligible legal heir is there in addition to you.
