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Step brother's claim of share in mother's inherited property
28-Feb-2023 (In Property Law)
My mother has got her share on a property which belonged to her mother, i.e., my grandmother. My mother is the second wife of my father who married my mother after his first wife, who happened to be the elder sister of my mother, passed away during child delivery. Thus I have a step brother who also have his share on my grandmother's property due to direct inheritance to his mother. Now my mother is not his biological mother. My question is, does my step brother has a right on my mother's share as well? If he has, then do I also have any right on his share which he inherited from his biological mother? I am a Hindu.
Your query is related to Law of inheritance and succession.Without thorough examination of the property documents with reference to relevant statute, no definite legal course of action on your part can be suggested.You are requested to contact lawRato if you wish to have my legal guidance in the matter.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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As per the Hindu Succession Act 1956, Section 15 (2) (b) shall be applicable to your case. As per that provision, the property of your step mother which she acquired from her mother shall be inherited by your father and your step brother equally, you won't inherit anything there. Similarly the property of your own mother which she acquired from her mother shall be inherited by your father and you equally, your step brother won't inherit anything there. For example, your stepmother inherited 4 units of your grandmother's property and your mother inherited 4 units of your grandmother's property; now after the demise of your stepmother and mother, your father gets 4 units property in total, your step brother gets 2 units and you get 2 units as well. After demise of your father, if there is no other legal heirs of your fathet except you two, both of you and your step brother get 4 units each.
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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