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Who will be the legal heir for stepmother's property


15-Mar-2023 (In Property Law)

My father remarried a divorcee. She has a daughter from previous marriage who stays with her father. She gave the legal custody to her ex husband at the time of divorce. My father does not have any children from my stepmother. In this case who will be the legal heir of my stepmother's property after death.

Answers (4)

Answer #1
553 votes
As per the Succession Act, the property of the step mother would devolve upon her daughter even if the legal custody of the daughter is with the father as after divorce only the spouses are separated bu the children get their property rights.
Advocate Manisha Ambwani

Adv. Manisha Ambwani

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People also ask

Who are the legal heirs of step mother?

Your stepmothers property, even if it was reportedly purchased by your father is her absolute and exclusive property. On her death intestate, the property will be equally divided among her legal heirs. Her class I legal heirs are her son, who is under 18, and your father.

When my father dies will my step mother get everything?

Intestacy laws would usually make your stepmother the primary beneficiary if your father died without a valid will, and he was remarried. It means that she could inherit all or most of his assets regardless of what he might have wanted.

When can a daughter Cannot claim mother's property?

A mother cant disinherit a daughter. The Hindu Succession Act of 2005 guarantees that daughters are entitled to the same rights on their mother’s property as sons and cant be disinherited. Legal rights of daughters on mothers estate can be claimed.

Who has the rights to mother's property after death?

A daughter is entitled to the same property as her mother. The Act does not make a distinction between daughters who are married and unmarried. She gets the same rights as her father, brother and sister in self-acquired properties of her mother. 27-Jun-2023

  
Answer #2
929 votes
Assuming, your step mother is a Hindu by religion.
Her daughter being her sole first class heir, will inherit all of your step mother's property.

In case, your stepmother is not a hindu, please specify her religion.

Answer #3
867 votes
You will be the legal heir of your step mother's property. As she had married to your father. As your stepmother gave her child custody to her ex-husband. And when girl marries to someone else then she has no right on her ex-husbands property nor child if she has given legal custody of her child to her ex-husband
Advocate Siddharth Gupta

Adv. Siddharth Gupta

LawRatoDelhi | 25+ Answers
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Answer #4
162 votes
Intestate Succession To step mothers Property shall be based upon the personal law of a deceased who died intestate. The stepchildren are not the legal heirs and successors. Therefore, in the absence other eligible successors the stepchildren can claim a share, but through a court.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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