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Need help regarding atrocities done by step mom

An sadistic, lunatic woman in the guise of step mom entered my life and caused havoc, atrocities , defamation, mental harassment, illtreatment, which intern disturbed my peace of mind,health,well being and career. But i don't have required proof or evidence to show it expect in my bitter memories. She is still continuing doing defamation and stopping me from my right over my ancestral property. There are belongings and gold jewellery of my mother in the house but I am unable to enter my own house due to her playing victim card and causing dispute. How do I legally overcome this situation and get back my mom's belongings and my ancestral property?


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 1 Replies

Shweta   23 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 case of a woman, you can claim ownership over ancestral property under Section 6 of the Hindu Succession Act. 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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