• Daughter from previous marriage eligible for inheritance?

Hello,

In Mumbai, my father passed away recently and after his death, out of the blue, a lady emerged claiming that she is his daughter from a previous marriage. This was completely unknown to me. While dealing with the shock of that knowledge, she is now claiming a portion of the inheritance.

Question:
1) Can she legally do this (assuming she is his daughter from a previous marriage and hence my step sister)?
2) My dad hasn't worked for 30 years preceding his death during which time my mum's income was running the home (until 2 years ago when she passed away). If the answer to ques 1 is yes, surely she won't have rights to what my mother passed on to my dad? That includes my mum's own jewellery plus what she inherited from her own family.

3) My dad didn't reveal the existence of this "daughter" and in all assets (property, shares, bank accounts), he has elected me as the nominee after my mum passed away (since my mum was his nominee while she was alive). Does that adequately prove that his intent was for all his assets to be inherited by me in the absence of a Will?

Please advise.

Regards,
NB
Asked 4 years ago in Property Law
Religion: Other

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13 Answers

you should refuse to give her any share in property

2) burden of proof is upon lady to prove that she is the biological daughter

3) does she have birth certificate , school leaving certifcate wherein name of your father is reflected as biological father

4)nominee is only trustee for legal heirs .

5) better apply for letters of administration from bombay high court

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) If she has came suddenly in your life claiming that she is your step mother and yiu have got step sister. First ask her to prove in the court of law, as your is not alive, who will tell that shebis your step mother and step sister on what ground. DNA test can't performed now, she has any proof that your dad visited her home, lived together, enjoyed life with her family etc.

2) You can deny her and secondly if all property is earned by from your mother's income than don't worry, only you gave rights in the property that's it. The same you have to prove it in the worst to worst scenario case.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Yes, child born out of legitimate or even illegitimate has right of inheritance in the proeprty of biological father.

2. Yes, she has right of inheritance in the proeprty of father lone and not in the proeprty of your mother.

3. Nomine does not override the law of succession. SO even if you were nominee in all his movable assets that alone will not be equivalent to execution of a Will. Since there is no Will, his assets is to be divided between his children.

However there is no need to share you proeprty with this 'daughter;till she proves conclusively that she indeed is your step sister.This may be an attempt to con you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Stepchildren do have a right to claim a share in the acquired property of the father. Going by this, her claim is sustainable.

2. Yes, you are correct.

3. The mere fact that you were the nominee, does not means that you will exclusively inherit all the properties left behind by your father. The fact that you are the nominee, implies that you will be the custodian for these properties until the time they are distributed in accordance with law amongst the legal heirs.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. If she has evidence to prove her birth, then she is presumed to be the legal heir.

2.Yes

3. Yes, there are judgments.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The child whether legitimate or illegitimate have the equal right in the property of the father whether self acquired of ancestral.

If the fact is not established of her being the daughters she has to prove that first before claim any such share.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1) Can she legally do this (assuming she is his daughter from a previous marriage and hence my step sister)?

Ans: Even illegitimate children also entitled for a share provided they prove that status.

2) My dad hasn't worked for 30 years preceding his death during which time my mum's income was running the home (until 2 years ago when she passed away). If the answer to ques 1 is yes, surely she won't have rights to what my mother passed on to my dad? That includes my mum's own jewellery plus what she inherited from her own family.

Ans: Court will decide all these issues but be aware that you should not disclose the details of jewellary left by your mother.

3) My dad didn't reveal the existence of this "daughter" and in all assets (property, shares, bank accounts), he has elected me as the nominee after my mum passed away (since my mum was his nominee while she was alive). Does that adequately prove that his intent was for all his assets to be inherited by me in the absence of a Will?

Ans; It is a good ground and always deny her and her mother’s relationship with your father since as your father died so there is no possibility of DNA test.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

She can claim her right in self acquired property. She cannot claim anything if she has got her share in divorce terms of her mother with your dad. You need to check the divorce terms if any through which she has received anything or not. She doesn't have any right in ancestral Property of your father.

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0

1. Yes she has the right in the said property.

2. Yes, that is right she can not claim the property that has been earned by your mom. Only the self acquired property of your father can be claimed bby her.

3. Making you the nominee does not mean that the said property will be inherited by you, inheritance will take place as per the provisions of the Hindu Marriage Act as per which she will also have share in the property.

Also, refute her claim by asking her before the court to prove that she was the daughter of your father.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

She has claim in the property by equal proportion but first she have to prove her successor ship.

After mother death her property will devolve in child and husband by equal share and share inherited by father, in that she have claim along with u.

Nominee has no inherent right in the assets of deceased but up to receive assets in her hand and than the assets will devolve according to Hindu Succession Act.

Sour but true and legally binding.

Until no specific bequeath by duly executed WILL, such intention has no legal sanctity.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

You may contest her claims and say that all the property belonged to your mother's earning.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. She shall have to prove with evidence that she is his daughter from previous marriage or no marriage. Without proving her entitlement, she can not claim share of your father's property If her mother is alive and she was not divorced before your father married your mother, then you shall not be entitled to claim your ancestral properties or your grandfather's properties.

2. If she is found to be the legitimate child of your father and her mother is no more then she will be entitled to equal share of the properties standing in the name of your father. After the demise of your mother her properties will be equally shared by all the children of your mother and your father. So, the said jewelry of your mother will be first divided between you and your father and thereafter after the demise of your father his share of the said jewelry shall be divided between you and your step sister (considering that your mother does not have any other child). So, you shall get 3/4th of the said jewelry when your step sister will get 1/4th of the same.

3. Nomination is no substitute for a will. A nominee is a trustee only who shall have to pass on the concerned amount to the legal heirs of the movable property. A nominee need not be a legal heirs also.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. If she proves that she is the legitimate daughter of your father then she can claim a share in the property left behind by your father which is on his name alone.

2. The jewels left behind belonged to your mother, she is not the daughter to your mother hence she cannot claim any share in that.

3. Law will take its own recourse on such issues.

Your mother's properties cannot be claimed by her as a right.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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