• Step-children's share in step-mother's inherited property/assets

Please advise if the step-children are eligible for any share in their step-mother's inherited property / assets as she does not have any children from our father.
Asked 7 years ago in Property Law
Religion: Christian

8 answers received in 1 day.

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11 Answers

step children have no share in property inherited by step mother

2) she can by will bequeath the property to her step children

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1.No ,stepchildren are not eligible to inherit share in the property of stepmother died intestate.

2.However stepchildren are eligible to inherit sahre in the proeprty of stepfather.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

No step- children are not eligible for any share in step - mothers property/ assets inherited property unless until your father adopted them offcially.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16 :

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

2)any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

It will go according to her WILL if any as other wise legal heirs issue will arise.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

supreme court has held in subodhkant vs ramashanker 2004, that step son cannot claim share in inherited property held by mother if such property is inherited by her mother from his step father.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Is her husband still alive? Does she has any children from her earlier marriage , if any?

2. If not then her property will be inherited by her husband's legal heirs who are her step children in the instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.As clarified in my earlier post, her husband's legal heirs will inherit her properties if she does not have any legal heir of her own.

2. Her husband's legal heirs include her step children in the instant case,.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the step-mother does not have any biological children of her own then her self acquired property and separate property (i.e share she got in the property of her husband) will devolve on the heirs of her deceased husband i.e the biological children of her husband.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Please advise if the step-children are eligible for any share in their step-mother's inherited property / assets as she does not have any children from our father.

Intestate Succession to step mother's property shall be based on the personal law of the deceased died intestate.

Step children are not the direct legal heirs or successors, therefore in the absence of all other eligible successors, the step children may claim a share but it can be through a court of law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

what happens to the property/assets of Step mother as, she has no children? Also what happens to the share she gets from our father's ancestor's property/assets? who can claim ?

Under the circumstances you may have to file a suit for declaration of successors to succeed the intestate properties left behind by the step mother.

The court will decide the successors in interest to succeed the properties left by the deceased.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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