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Reema   03 January 2021

Intestate hindu woman's shares and rights of step children

A woman who died intetate in 2001 (husband was also deceased prior to her own death)  has 4 children and 3 step-children.

She had acquired shares bought from HER own capital and now probate is to be applied for her and her own children want to know 

# Whether step sisters and brothers have any right to this ? 

the shares were acquired from her money during the time she was alive

our understanding is that only real sons and brothers, since they are alive, are entitled to claim the shares

also, if section can be mentioned it will be good (section 16 per our research)



Learning

 13 Replies

Pradipta Nath (Advocate)     03 January 2021

What is written in her will? Are the step children included therein? Please refer the will of the deceased woman.

Reema   03 January 2021

THnks for the response. She died without will and has 4 of her own children, all alive. 

Pradipta Nath (Advocate)     03 January 2021

Then why you have written 'probate is to be applied'?

Reema   03 January 2021

Since she died without a will and the shares are in her name, in order to to effect transfer of ownership to the children who are alive, will a probate not be necessary? 

Pradipta Nath (Advocate)     03 January 2021

Probate is a judicial process whereby a will is proved in a court of law to be accepted as a public document. The deceased died intestate, therefore probate cannot be done.

Since the deceased died intestate, her step children will not have any right over the property.

Advocate Bhartesh goyal (advocate)     03 January 2021

Since the movable property ( shares )  are in name of deceased mother and she was it's absolute owner and she died intestate so only her natural sons are entitled to get the shares.Her step children have no any right or claim over it.

2 Like

Reema   03 January 2021

Thanks much sir for your guidance. While probate is a process for validation of will,  even when no will exists, A probate is necessary for administration since the lady is deceased -

 

Hope this understanding is also correct? Else how can the shares be transferred and then sold to realise the proceeds. 

Pradipta Nath (Advocate)     03 January 2021

Process for succession certificate.

Advocate Bhartesh goyal (advocate)     03 January 2021

Since the mother died intestate and in non existence of will probate processing are not maintainable.you have to obtain sucession certificate from competant court.

1 Like

Reema   03 January 2021

Thank you very much learned friends for your quick guidance on the thread

Dr J C Vashista (Advocate)     05 January 2021

I endorse and appreciate opinion and advise of experts.

ONLY legal representative of deceased (but not step children) shall be entitled to succeed movable property.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     20 February 2021

The Lady died intestate and therefore the question of probate does not arise. You need to obtain Succession Certificate in which Step Children do not figure and they cannot claim any right on the property of the Step Mother.

1 Like

Reema   20 February 2021

Thank you learned friends for your guidance and advice. 


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