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Can step sister claim share in dads property if barred by divorce deed


06-Mar-2023 (In Property Law)
My father divorced his second wife 10 years ago. He had two daughters from that marriage who were minor at that time. My father died last year and girls became major 2 years back. The divorce deed of my father from his second wife had a clause of no future claim on her or the daughters part father had given lump sum money to her and girls both. Now can my step sisters stake claim on my father's property or are they time barred under guardians and ward act 1890?
Answers (1)

Answer #1
586 votes
Your step mother got separated with your father, but children born after marriage can'nt be separated by any agreement with father by any law in India, they have the full right in their father's property as you have.
Whereas property given to your step mother under any agreement/by court may be taken in to consideration as whole property unless sold by your step mother.
As far as my understanding is guardians and ward act 1890 have no applicability in this case. This is a matter of pure Civil nature and generally court condones the delay.
Regards,
Advocate Shravan Kumar

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