• Stepdaughter is not entitled to inherit any share in her stepmother's self acquired property

Stepdaughter is not entitled to inherit any share in her stepmother's self acquired property
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Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

If the step mother has own children then they will have right over the property of step mother secondly if no child of her own womb then in that case the property shall go to legal heirs of the husband that is then step children shall inherit.

https://www.livelaw.in/stepson-hindu-dying-intestate-cant-claim-inheritance-hindu-succession-act-bombay-hc-read-judgment/

Lachman Singh v Kripa Singh And Ors, Justice Gupte noted: “The Supreme Court in that case held that a step-son or a step-daughter of a female Hindu dying intestate are not covered by the expression “son” or “daughter” in Section 15(1)(a) of the Hindu dying intestate are not covered by the expression “son” or “daughter” in Section 15(1)(a) of the Hindu Succession Act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Stepdaughter is not entitled to inherit any share in her stepmother's self acquired property. ... 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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

step children have no share in property of step mother

unable to find any judgments

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Lachman Singh v. Kripa Singh (AIR 1987 SC 1616) where it was argued that under the Act, a son of a female by her first marriage will not succeed to the estate of her 'second husband' on his dying intestate. The case draws a clear distinction between a child ‘from the womb’ and a stepson.

Same applies to daughter.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

the Hindu Succession Act does not make any distinction between a naturally born child and child born out of wedlock with previous wife

no distinction between real and step children

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Step daughter do not acquire any right in her step mother's property.

If she has not been adopted legally then she will remain as a step daughter alone without any rights.

For citations you can find the same from Indian kanoon.org or livelaw.com

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. You do not require any judgment on this. Just read Section 15 of Hindu Succession Act.

2. Only and only if the step mother does not have any children of her own then her property would devolve on her husband's children i.e her step children.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

If the daughter is adopted, she may have rights in the property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

She may only inherit if the step mother passes without a will. Till the lifetime she does not have any right on the self acquired property.

Otherwise the step daughter are eligible for the share. Read the following link:

http://www.dnaindia.com/india/report-stepdaughter-entitled-to-property-sc-1744855

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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