What are the rights of step children in the ancestral property

699 votes

It depend on how ur lawyer presents ur case in the court.

Step children are allowed in succession of property of step father only when if his own successors are not in exist.
if ur father is willing to give u ur share in property then make such document in force, and execute it without wasting ur time, and if he is not willin to give ur share then u have to go to the court.

LawRato LawRato

921 votes

Step children have equal right over the ancestral property as like other legal heirs. File suit for Declaration and possession of the ancestral property.Step children have equal right over the ancestral property as like other legal heirs. File suit for Declaration and possession of the ancestral property.Step children have equal right over the ancestral property as like other legal heirs. File suit for Declaration and possession of the ancestral property.Step children have equal right over the ancestral property as like other legal heirs. File suit for Declaration and possession of the ancestral property.Step children have equal right over the ancestral property as like other legal heirs. File suit for Declaration and possession of the ancestral property.

Advocate Bharat Pandirao Pawar LawRato

586 votes

Dear
Firstly it lawfully doesn't really matter (wrt inheritance) your father married second time with or without your consent. Since (unfortunately) your mother got deceased, his second marriage is thereby legal and lawful.

Question of inheritance:-

Firstly you and the three children are considered to be the legitimate children of your father and hence you, your step-mother and the three children have equal rights on the property of your father if he dies intestate (without making a will)

Secondly The provisions of Hindu Succession Act covers your case of inheritance. Your father and your class I uncles will have equal share in the property of your grand father; and there after the share of your father will be equally divided between you, your step-mother and your three step-brother/sister. Similar provisions will apply to the property of your great grandfather.

the laws state
The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

There are many facts and positions which needs to be scrutinized before telling you the legal method to safeguard your rights over the coparcenary properties. Please visit our Bombay or Pune office for more details.

Regards

Advocate Himanshu Nagarkar LawRato