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Deepak sharma (software professional)     03 February 2025

Grandmother succession

Certainly! Here’s a well-structured and legally clear version of your query:


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Subject: Legal Heirship and Property Rights in Step-Grandmother’s Estate

Dear [Lawyer/Legal Advisor],

I seek legal guidance regarding my rights in the property of my step-grandmother. The family history is as follows:

My grandfather was first married to my biological grandmother, from whom my father was born.

Unfortunately, my grandmother passed away, and my grandfather remarried.

From this second marriage, my step-grandmother had children, who are now my step-uncles and step-aunts, along with their descendants.

Now, my step-grandmother has also passed away, leaving behind some property.


I have always considered my step-grandmother as my own grandmother, and I would like to understand whether I have any legal claim to her property under Indian inheritance laws. Specifically:

1. Can I claim any share in my step-grandmother’s property, either as a legal heir or based on my relationship with her?


2. Does the property’s ownership (whether it was self-acquired or inherited from my grandfather) affect my claim?


3. Would my father’s legal status as my grandfather’s biological son give me any indirect inheritance rights?


4. If my grandfather had originally purchased the property in her name, does that provide a basis for claiming a share?



I would appreciate your legal advice on whether I have any rightful claim and the best course of action to pursue.

Looking forward to your guidance.

Best regards,
Deepak


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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 February 2025

Whether you thought your stepmother was your mother or not, the property in the name of your stepmother (whether bought in her name by your grandmother), her children and your grandfather if alive are the legal heirs.

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

You are the step grandson to your step grandmother.

Upon her death her own legal heirs are entitled to succeed the properties left behind by her upon her intestate death.

You are a third perosn, not only you, even your fateher is a third person to that property.

Hence you cannot claim any share out of her property s a right.

Dr. J C Vashista (Advocate )     04 February 2025

You are not entitled for a share in your step-grandmother's property.

It is better to consult and engage a local prudent lawyer for analyses of facts/ documents, professional advise and necessary proceeding.  

Deepak sharma (software professional)     04 February 2025

But my grandmother died in pakistan before partition and after partition our grand father came to india and remarried all my uncle and aunts are above 70 years of age....my father was born before partition of India in pakistan in 1945.. so we saw this grandmother as our real grandmother and when she alive she gave everything to there children earned by my grandfather... And we are thrown away like fly in the milk... We were not given our share... 

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

Neither you nor your father can claim any share out of your step grandmother property for any reason.

Your father and his siblings remained silent all these years from the date of pre independence era. 

It is not ancestral property.

Legally your step grandmother is not your original grandmother.

Even if it is considered as original then any claim for a share in the property can be made by her own legal heirs and not third generation children.

The question either is hypothetical or academic in nature hence you can discuss the topic with your tutor for more academic clarifications.

Deepak sharma (software professional)     04 February 2025

Sir this is practical thing which we are facing 

P. Venu (Advocate)     06 February 2025

Certainly, your father had been one among the  legal heirs to his father, but not to his step-mother. However, what all properties belonged to the his father as well the step-mother is a question of fact. There could be no definite opinions unless the documents are perused and issues discussed.


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