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kamla kant verma (retired bank officer)     11 February 2014

Right of property to a step son over step mother's property

Hello sirs,

My father married three times. As of now my father and  all his wives are no more.He died intestate leaving behind him two residential houses, one in his name and the other in the name of his third wife. My father named documentally his third wife as the owner of a residential house during his life time. His third wife also died intestate, i.e., she left behind her one residential house without executing any will in favour of any one  or without giving it to any body.My late father had five sons  and two daughters from all the three wives..Unfortunately, my father and his all three wives are dead now His three sons and two daughters from his first and second wife  are also dead now. Ofcourse, his grandsons from first and second wife are alive as on date.His third wife had two sons who are alive on the date.

Now I want to know as to whether  the grand sons of my late father/ his first and second wife are legally entitled for a share in the house of their step grand mother particularly  when her only two sons are alive on the date.To sum up kindly advise me whether the step grand sonsor step sons are having any right over their step grand motheror step mother particulary when her to sons are alive on the date.I shall be obliged to receive your expert advise in the matter.

K.K.Verma

kkverma_07@yahoo.com



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 February 2014

The 3rd wife's property will go to her two sons only. Her step grandsons do not have any share in it.

T. Kalaiselvan, Advocate (Advocate)     19 February 2014

The intestate property left behind by your father will devolve upon all his legal heirs which includes the legal heirs of predeceased sons and predeceased daughters. the properties left behind by your father's third wife, will devolve upon her legal heirs only, i this case her two sons.  The other people in the name of step sons/daughters/grand children do not have any right or share in this property.   


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