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Rohan   19 June 2023

Step child share in property

Hi,

My mother's mother married her husbands brother after becoming a widow. My grandmother passed away a few years later followed by my mothers step father(intestate).

Is my mother entitled for the share of the second father as the she is the only child.

 

Thanks in advance

 



Quick Summary
This discussion explores whether a stepchild is entitled to a share of their deceased stepfather's property, particularly when the stepfather dies intestate. The initial advice suggests that without legal adoption, direct inheritance might not apply, but claims could be made through the deceased mother's estate. The conversation then delves into the complexities of the Indian Succession Act and Hindu Succession Act, highlighting that inheritance laws differ significantly based on religion and legal status. It's clarified that the individual is Indian Christian, and the applicability of Hindu succession laws is questioned, with a suggestion that the Indian Succession Act might apply. The need for complete factual information is stressed due to the evolving nature of the advice.

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     19 June 2023

If she was not adopted legally by her stepfather then she cannot claim any share in it as a right.

However as a legal heir to her deceased mother she can claim her mother's property.

But in this situation, the mother is reported to have died before her second husband hence the property of her husband who died later on may not devolve on the legal heirs of his deceased wife.

Rohan   19 June 2023

My mothers step father has no other legal heirs.. Who does the share go to?

Also As per s 15(1) of the Hindu Succession Act, the property of a Hindu woman dying without a will (‘intestate’) shall be inherited by (‘devolve’ on) her sons, daughters, and husband. If the woman has no living husband or children, the heirs of the husband shall inherit the property. Only in the event that the woman’s husband has no heirs shall the property be inherited by the woman’s parents.

When does this apply?

 

Shashi Dhara   19 June 2023

As  step father he is also uncle because he is paternanal brother  of her father she becomes 2 class heir if she is hindu .and can claim .

Rohan   19 June 2023

We are Indian Christians. How does the law apply in this case?

Shashi Dhara   20 June 2023

Yes she get it as per Indian succession act  section 34 as she is daughter of  deceased uncles brother and no heirs left and died intestate .

Sudhir Kumar, Advocate (Advocate)     22 June 2023

why are you sharing facts on instalement basis.          Are you taking viva of experts?

P. Venu (Advocate)     22 June 2023

Yes, please post complete and material facts but not legal assumptions and presumptions based on facts which are known only to you.

Furthermore, the query appears to be imaginary with no realtime issues. You yourself has suggested the provisions of Hindu Succdession Act. The how come you are, admittedly, Indian Christians?


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