The query relates to inheritance. My father died in 1983, leaving behind my mother (his second wife), my step-brother (from my father's first deceased wife), my own brother, two married sisters, I, and our respective families. He left behind a self-acquired bungalow at Agra ( UP). He had earlier executed a unregistered will on plain-paper, duly signed and witnessed in 1953, bequeathing all his estates to my mother (his second wife). The said bungalow was purchased by him in 1963. My mother died intestate in 1995. My aforementioned step-brother also expired in 1989, due to natural causes. That implies that upon the demise of my mother, the surviving family consisted of the widow of my step-brother(from my father's first marriage) and her children; and children from my father's second marriage ie. my two married sisters and their families; my brother, and I : and our children. My sisters have since provided us with Relinquishment Deeds for their share of properties of our deceased father. How will the bungalow shares be divided now? What inheritance rights will the widow of my step-brother and her children have in the said bungalow?
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The bungalow was a self acquired property of your father therefore he can give it to anybody and the second wife and his children would also have a share in it.
He willed it to your mother ie 2nd wife and therefore after her death the bungalow belongs to her children. NOT the 1st wife or her children.
Regards
The step brother will have rights only on the property of father and his biological mother. He can only have rights in the said bunglow if the funds by which the said bungalow was bought belongs to father
Mother would be absolute owner of property as per father will
2) I presume mutation of property has been done in mother name on basis of will
3) on her demise you and your brother would be absolute owner of property
4) your step brother family has no share in property standing in deceased mother name
When will was executed ?
Step son has no inheritance right in step mother property and if WiLL is undisputed than deceased brother family has no claim.
The bungalow will get divided into two shares of wife's 50-50% share. So your step brother family will get 50% share in the bungalow.
As per pronouncements of various court including high court and supreme court , son does not include a stepson under hindu succession act.
Though it can be challenged under different circumstances.
So in your case stepsons to the second wife shall not have any inheritance right to the property owned by the second wife.
- According to the Hindu Succession Act, after the death of your father and his two wives, his first wifes LRS and the second wifes LRs are having equal share in the property left by your father.
- Since, your father in his last WILL , has bequeathed all the property in favour of your mother in the presence of two witnesses , hence now the property will be distributed amongst his second wifes LRs only.
- An unregistered will is valid , if it conforms to legal requirement of two witnesses , who have signed the will in the presence of the testator and the testator.
Since the sisters have given relinquishment deed in favour of all other legal heirs then property will distributed in 3 equal parts among two brother and legal heirs of deceased brother.
she is absolute owner, after her death the said property divide equally between her childrens not the 1st wife children.
1. Since the bequest was made in favour of your mother therefore on her intestate demise the property devolved through intestate succession on her children equally.
2. Your step-brother is not a heir to your mother, consequently his heirs do not succeed.
3. If your sisters have executed relinquishment deed in your favour alone then you are the absolute owner of the property.
Legally speaking the proeprty bequeathed by your father in favor of your mother by a Will, shall devolve on your mother.
Now upon her intestate death, it shall again devolve on her own legal heirs, i.e., excluding your step brother, if he is reported to have died then his family members or legal heirs are also to be excluded from the list of legal heirs of your deceased mother.
The properties bequeathed through a Will on your deceased mother's name shall be her own and absolute properties hence it can be succeeded by her own legal alone.
Your deceased step brother's legal heirs are legally not entitled to any share in that property.
