sudhakar (Engineer) 04 February 2013

Who is the legal heir

Sir

My father purchased a plot 25 years ago i.e. in 1988 on my mothers name . My mother expired in 1990 and my father married again in 1991 and has a daughter by that marriage who is 21 years of age.Now i want to know as to who is the legal heir and to whom does the plot belong. Do I have any right on that property( the registration is still on my mothers name).If yes then what would be my share.Does my step mother or her daughter have any right over this property.

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3 Replies

Kumar Doab (FIN) 04 February 2013

Given below is the heartfelt opinion. Kindly show the related documents and details to a competent and exeprienced lawyer specializing in such matters and proceed under expert advice of your lawyer. Valuable advice of learned experts/members is sought.

It is believed that the deceased female (your mother) has died without leaving a Will.

If yes the property may be distributed:

-Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
-Secondly, upon the heirs of the husband ;
-Thirdly, upon the mother and father;
-Fourthly, upon the heirs of the father; and
-Lastly, upon the heirs of the mother .

“If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters.”

“If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters.”

Thus the first situation should apply.

(Guest)

@Querist,

In view of your given facts, you are the sole owner of the plot which was on your deceased mother's name. Neither your father nor your step-mother or step-sister has any share in that property.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,