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Tarun (NA)     05 July 2013

Legal rights of daughter in specific scenario


I want to know the legal rights for the scenario below:

1) It is the second marriage of both the father and mother. Both their earlier spouse are no more.

2) The father has one son and one daughter from first marriage. And the mother has one duaghter from second marriage.

3) There are no chlidren from second marriage.

4) The father and mother both have individual houses in their name before the second marriage.

In this scenario what are legal rights of daughters and how will the property be divided?



 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 July 2013

During the lifetime of the parents the children have no right to claim any share in the property. Both the daughters will get shares in the properties of their respective biological parent only as the legal heir. If the father dies, his daughter shall get 1/3rd share in his house. If the mother dies her daughter will get 1/2 share in his house.

1 Like

Tarun (NA)     08 July 2013

Thank you for your explanation. Can you please explain further the following:

1) If the daughters gets 1/3 and 1/2 share in house from their biological parent, who will get the rest of the share?

2) What are the rights of the son to both the parents property? Specifically the son's right to his non-biological mother?

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

In case of father's death ----  Father's property--- son, biological daughter and wife 1/3 rd each


In case of mother's death ---- Mother's property --- her biological daughter and husband 1/2 each.

Son has no right to claim step mother's property.

I hope this makes everything clear now.

1 Like

Tarun (NA)     08 July 2013

Thanks again for the clarifications.

One last question is : if the mother makes a will for her self aquired property in her daughter's name, can the father still claim his stake?

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

In that case the father cannot claim.

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