• Who will become Succession or legal heir

My father was married two wife's. After the death of my father both are getting 50:50 family pension & his pensioner benefits. My father's first wife has no children's. My mother who is second wife have total three children's. One boy & two girls. My father's first wife died few day's back in road accident. Now the issue who will become the legal heir of my step mother. Because my father's elder brother;s filled a case against me in civil court. But whatever the property she has everything was inherited from my father pension. Means she having only bank accounts & few R.D accounts in Post office & road accident compensation amount. She do not have any immovable property.
 Kindly give me a clarity that who will become the legal heir. According to my knowledge in Hindu marriage act section 16 defined even the second wife children's have right to get all the financial benefits which inherited from their father. But Hindu Succession Act section 15 (1) (b) says any female die's without any issues her husband heirs will become the legal heir. But in that same Hindu Succession Act section 18 defined Full blood preferred to half blood. two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. Kindly give me a answer with any reference case which will help me out in Court Case
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

since your step mother died without any issues and property was inherited from her husband the property would be inherited by her husband legal heirs

2)The group of heirs of the female Hindu dying intestate is described in 5 categories as ‘a' to ‘e' of Section 15 (1) which is illustrated as under:

In a case where she dies intestate leaving property, her property will firstly devolve upon her sons and daughters so also the husband. The children of any pre-deceased son or daughter are also included in the first category of heirs of a female Hindu;

In case she does not have any heir as referred to above, i.e., sons, daughters and husband including children of any pre-deceased sons or daughters (as per clause ‘a') living at the time of her death, then the next heirs will be the heirs of the husband;

4)It is the source from which the property was inherited by the female, which is more important for the purpose of devolution of her property

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

Firstly, yes second wife's children would have all the rights over the property of their father.

Secondly, and if first wife does not have any legal heir then her share would go to husband's family, but here is the interpretation of this section no where talks about the step children right in her share.

Thirdly and lastly, section 18 is used in regard to the father's share which your mother is already getting.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

Hi, the children from the second wife shall be the class 1 legal heirs to the property ..in Hindu marriage act since two marriages are void , therefore if no one claims at her maternal side , you will be the legal heirs to the property

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Dear Client,

In ur father`s property, ur mother have no right but by virtue of sec 10- the property will divide in - The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share, so the property will devolve equally between u all i.e. 1/3 each.

U being heir of ur mother, will become 1/3 + 1/3 = 2/3 heir, if sisters not demand or mother make a will in ur favor.

And in ur step mother case, no child and hubby died, than the property will devolve in heirs of her husband.

AND acc. to definition of CHILD - it includes both ( legitimate or illegitimate ) , this mean u r in Class I heir ship, so no claim arises of his brother.

Brother of husband comes in class III heir ship.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Hello,

The property will be inherited by the legal heir of the husband of your step mother.

Section 15(1) A TO E of the Hindu Succession Act may kindly be referred for the list of legal heirs in case of a female dies without the will.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hi,

Yes you are right and the legal hair ship in this case will be as per the section 15(1)(b). Section 16 Rule 1 also defines the the distribution of the property. However in absence of above above two condition, the hair ship will be dealt as per the provisions of Sec 18.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

1. In the above case, you will be the legal heir of the properties of your step mother through your demised father.

2. Your uncles claim of share of their brother's properties inherited from his late 1st wife has no merit to stand upon.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

The movable property in the name of your step mother will devolve on her own legal heirs, i.e., your father, if he is alive or it shall devolve on her mother side legal heirs, but if there are none that side, then this may devolve on the legal heirs of her deceased husband.

In any case your father's elder brother cannot claim any share in it on whatever basis especially when you, as your father's legal heirs is living.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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