Does step son has right to claim father's property

595 votes

Since neither ‘son’ nor ‘step-son’ have been defined by the Hindu Succession Act, 1956, these expressions have been open to judicial interpretation. The expression ‘son’ has also been used in the list of Class I heirs, but here again, the phrase ‘stepson’ has not been specifically included. To begin with, it is generally accepted that the expression “son” undoubtedly includes natural, adopted and even illegitimate sons, though the rules governing succession of each to the shared or self-acquired property of the father would be quite different. For example, a child born out of a void marriage, though in fact illegitimate, by a legal fiction (under Section 16 of the Hindu Marriage Act, 1956) is considered to be the legitimate son of his father. However, this legal fiction only allows him a share in the self-acquired property of the father and gives him no coparcenary interests that a legitimate child would get by virtue of birth in the family. Nevertheless, such a child would be considered a “son” under the Hindu Succession Act, 1956.

The question as to whether the expression “son” in Section 15(1)(a) would include “step-son” was dealt with in some detail in the case of Lachman Singh v. Kripa Singh (AIR 1987 SC 1616) where it was argued that under the Act, a son of a female by her first marriage will not succeed to the estate of her 'second husband' on his dying intestate. The case draws a clear distinction between a child ‘from the womb’ and a stepson. Under Hindu law as it stood prior to the coming into force of the Act, a stepson, i.e., a son of the husband of a woman by another wife did not automatically succeed to the stridhana of the woman on her dying intestate. In such cases, the son born out of her womb would have clear precedence over a stepson. It was therefore held that Parliament would have made express provision in the Act if it intended that there should be such a radical departure from the past. A stepson would thus only be able to stake a claim under the category of ‘heirs of the husband’ referred to in clause (b) of Section 15(1).

This decision reaffirms those in a number of similar cases such as Mallappa Fakirappa Sanna Nagashetti v. Shivappa, A.I.R. 1962 Mysore 140; Rama Ananda Patii v. Appa Bhima Redekar, A.I.R. 1969 Bombay 205; Gumam Singh v. Smt. Ass Kaur, A.I.R. 1977 P & H 103 and Smt. Kishori Bala Mondal v. Tribhanga Mondal & A.I.R. 1980 Calcutta 334 and overrules a contrary judgment in Ram Katori v. Prakash Nati L.L.R., [1968] 1 Allahabad 697.

The rule of devolution in Section 15 of the Act applies to all kinds of property left behind by a female Hindu except those dealt with by clauses (a) and (b) of Section 15(2) which make a distinction as regards the property inherited by her from her parents and the property inherited from her husband or father-in-law and that too when she leaves no sons and daughters (including children of predeceased sons and daughters). When the property in question is the absolute property of a female Hindu it has been held to devolve first on her children (including children of the predeceased sons and daughter) as provided in Section 15(1)(a) of the Act and then on other heirs. The stepsons or stepdaughters will come in as heirs only under clause (b) of Section 15(1) or under clause (b) of Section 15(2) of the Act.

It is therefore clear that at least for the limited scope of succession under the Hindu Succession Act, 1956, the expression “son” cannot be read to include “stepson”.

Advocate Siddhant Sharma LawRato

983 votes

Hello
If the property is self accquired property of father than its the father wish to whom he has to give property or not. But if the property is ancestral property then step son has every right to claim his share in that property. It doesn't matter whether he is residing with father or not.

Advocate Mohit Gupta LawRato

930 votes

Read your query, and I went through the information provided by you , one thing is important you didn't mention that is it your self acquired Property or it's your ancestral property, of course you have a right to deny to give your property to your step Son, consult me I will help you.

Advocate Deepak Singh Balouria LawRato