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is there any rights to a step girl child(18+) in ancestral property ?
10-May-2023 (In Property Law)
is there any rights to a step girl child in the ancestral property ? Dear Lawyers, I want to know legal hairs in inherited property. My mother was violently beaten by my father(drunk) and sent to mother's place after 2 years my father made second marriage in 1998 without our consent.. and after 15 years my step mother died due to cancer (2015) my Father not made/purchased any property..all the property belongs to my grandfather (ancestors) now my step sister(above 18) asking for equal share in ancestral property.. but my father is still alive and he also want to share my ancestral property to her ..Is it possible?? Does she(step girl child 18+ )has any rights to claim? What action should I take further to avoid difficulties? because my father made marriage without knowing me. And i heard that 2nd marriage is not legal if 1st wife is alive and not divorced.(Hindu act) Please guide me in detail.
Still she has got a share. Only second wife has no rights if she is daughter of your father then she is in same footing like u. Secondly till ur father is alive u can't demand partition in share as per apex court order
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Hi, You did not mention second marriage is registered legally. If it is not registered then you may not have to share the ancestral property with step girl. your points are valid on 2nd marriage in some circumstances as per Hindu act. You may discuss with me for more info.
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Though your father's second marriage is illegitimate under Hindu Marriage Act, but your step sisters will be considered for the equal shares in the ancestral property of your father and even your father also have share in it under law and they cannot be deprived from this right under law.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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