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  • Claim of property of my dead step mother

. We are four children of my father from his first marriage. My father got married after death of my mother. My step mother has two daughter and both are married. 
Our parental house and some lands are in the name of our step mother given/ registered by my father. Recently our step mother has died. Both of Our married sisters from step mother are claiming the entire property which are in the name of our step mother. 

Our question?

Do we have any claim of property (parental house particularly) of our step mother who is no more? 

Whether all the property in the name of our step mother will be claimed by our married step sisters?
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

1. IF you can documentarily prove that property in name of Step-Mother was acquired by Father thru his self-earned money, THEN you can file a Civil Court Partition suit to stake claim for your share of the property that was financed by Father.

2. Also check your father's income tax returns, where the finance for the purchased property will be recorded. This is necessary to prove in your favor in court.

3. Legally also You alongwith all the children of Step mother are entitled to EQUAL share of property of step mother, IF step mother has died with making any WILL. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- If the property was purchased from the fund of your father in the name of step mother , then you can claim a right over the property left by your step mother legally. 

- Further after the death of step mother , her property would be devolved upon her legal heirs , i.e. her son and daughter and also you.

- Send a legal notice and ask your share in the property , and on refusal file a Suit for partition and Permanent Injunction before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If fate had executed gift deed step mother would be absolute owner of the property 

 

2) property would devolve on her daughters 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Yes you have equal rights in the same. If your step mother is legitimate wife then she and her children will also have equal rights

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

The property left behind by your step mother,which were on her name buy a registered deed, shall be her own and absolute property.

It shall devolve on her own legal heirs.

Her legal heirs are hr own children and not her step children.

You have a right over the properties that were left behind by yor father and your own mother, you do not have any rights over your step mother's properties.

 

 

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The property of your step mother belongs to to your step sisters as they are the first heir after her death along with your father.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No

2. Yes it will be claimed by your married step sisters 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You are not a heir to your step mother.

2. Her heirs are her biological children, and they alone succeed to her properties.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir, 

Being legal heirs of step mother, you may also demand share and for this you are suggested to file the partition suit.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Through what mode property registered in step mother name ? GIFT deed or purchased in her name ?

If purhcased than all have 1/6th share each. And if your father is alive than she can claim sole ownership by filing declaration suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

your step mother is absolute owner of property. 

your step sisters are class1 heirs, property devolve on class1 legal heirs.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No you will not have any share in properties of your step mother but you can claim share if you can prove that property was purchased by your father from his income. 

2. Yes property of your step mother will devolve among your married step sisters only. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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