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Harassment by step mom

65 year old step mom who is barren women is harassing, playing victim card,doing false allegations and emotionally blackmailing a 30+ year old guy when ever he is asking ancestral property to his father.When he is peacefully and politely having conversation regarding ancestral property with his father,she is interfering, complicating the matter and causing dispute. She is not even allowing to take the things and jewellery owned by his mother.

How can he legally sought out the issue, whom to approach for legal advice and support.


Learning

 2 Replies

Pradipta Nath (Advocate)     19 May 2022

If the property is ancestral, file a partition suit. If the property is self acquired by way of job or business, better to pursue for making gift deed.

1 Like

Shweta   19 May 2022

 Hello Sir,

In case of ancestral property you can file for a suit of partition as you hold a share in the ancestral property along with your father. In fact your father and you own same amount of share in the property. For example - if A’s (grandfather) property is passed on then the father and son both will have ½ i.e. half, share in the property. However there are certain conditions for a property to qualify as ancestral property –

  1. The property must remain in the family for four generations.

  2. The property should remain undivided for four generations.

If the property is partitioned, then it becomes a self-acquired property. 

Further, if your mother has died intestate then in that case the jewellery must be divided between you and your siblings (if any). Section 15 of the Hindu Succession Act applies here according to which a female’s property is divided amongst following –

  1. Her children

  2. Children of pre-deceased children

  3. Husband

  4. Mother and Father of the deceased mother

  5. Heirs of husband

  6. Heirs of father and mother

Further, you can sue your stepmother for mental harassment and can move the Court by filing petition under Article 226 or Article 32 for protection of your right to life and personal liberty envisaged under Article 21 of the Indian Constitution. 

I hope this helps to resolve your query.

Thanks 


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