• Stepdaughter is not entitled to inherit any share in her stepmoth

Stepdaughter is not entitled to inherit any share in her stepmother's self acquired property
ANY LATEST JUDGMENTS SIR?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

step daughter is not entitled to any share in step mother self acquired property

2) Supreme Court in the case of Kirtikant D. Vadodaria vs. State of Gujarat and another [(1996 ) 4 SCC 479], wherein the Supreme Court has taken the view that the expression "mother" in Section 125(1)(d) of the Code means only the real or natural mother and does not include the stepmother. The Supreme Court took the view that stepmother is a distinct and separate entity and cannot be equated with the natural mother who has given birth to the child.

3) the Court could order a step­ parent to pay child support in three contingencies:

"The step­parent:

was either in a marriage­like (common law) relationship with the child's parent for at least two years OR married to the child's parent for any length of time; AND contributed to the child's support or maintenance for at least one year; AND last contributed to the child's maintenance or support within one y ear of the date that the child support claim was filed with the court."

Ajay Sethi
Advocate, Mumbai
99899 Answers
8153 Consultations

This property will first devolve upon step-mother's own children (including children of the predeceased sons and daughter) as provided in Section 15(1)(a) of the Hindu Succession Act and then on other heirs. Since, step daughter comes within 'other heir' under clause (b) of Section 15(1), she will be entitled to inherit only in absence of biological children of this step mother.

Lachman Singh v. Kripa Singh (AIR 1987 SC 1616)

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

It is a general rule , she cannot claim her share in the self Accquired property

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Sir it is a statutory law that step daughter has no right over the self acquired property of step mother, rather no one has any right over the self acquired property of the person till the time he/she is alive.

Mallappa Fakirappa Sanna Nagashetti v. Shivappa, A.I.R. 1962 Mysore 140; Rama Ananda Patii v. Appa Bhima Redekar, A.I.R. 1969 Bombay 205; Gumam Singh v. Smt. Ass Kaur, A.I.R. 1977 P & H 103 and Smt. Kishori Bala Mondal v. Tribhanga Mondal & A.I.R. 1980 Calcutta 334 and overrules a contrary judgment in Ram Katori v. Prakash Nati L.L.R., [1968] 1 Allahabad 697.

These judgments refer in details the law point with regards to step son and step daughter both.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. No judgments are required. A plain reading of Section 15 of Hindu Succession Act, 1956 is sufficient.

2. However, if she does not have biological children of her own, her property will devolve on the legal heirs of her husband i.e children of her husband.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The position of law is very clear that the step daughter cannot become a class I legal heir or successor in interest to succeed the estates of the step mother, hence no judgment is necessary to prove it.

T Kalaiselvan
Advocate, Vellore
90099 Answers
2503 Consultations

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