On demise of second husband his wife and child born out of said relationship would be legal heirs
2) on mother demise her 50 per cent share would devolve on both the children ie E and G
Claim in property
Sir , (B) woman Married firstly with (D) Man in 1930 . she has one male child (E) in1933 from her first husband (D). The first husband (D) was died in 1939. Then she married II Nd time in 1943 with (F). and she borne one baby (G) in 1948.her II Nd husband (F) purchased a house and he (F) died after the 8 months from the birth of a small baby (G). The house purchased by II Nd husband (F) .After death of second husband (F) she(B) claimed the house as legal heir, and her name is added as owner of house. the all maintenance and look after of the woman (B & ) and baby (G) was done by the son of first husband (E)and they were live in same house. then the woman(B) is dead in 1985. and the property is claimed by the baby (G) who is become about 50 years in 1998 and the name was added as owner of that house. in this case the son (E)has right to claim 1/2 portion of property. because the property is in the name of mother and the baby(G) and the son(E) is a children of same mother but different father. the property was purchased by baby's father .
Asked 5 years ago in Property Law
Religion: Hindu
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11 Answers
Yes,as per Hindu law and parents dead without any will of movable and immovable properties for their children then every child will have equal rights in their properties.
You have right full claim.
- Since, the said property was purchased by the F , hence after his death this property would be devolved upon his wife and children .
- Hence, after the death of the mother , E and G can claim equal share in the property.
Legally speaking son E is not having any rights in the property purchased by his stepfather if he was not adopted by his stepfather legally.
The property left behind by his stepfather devolved equally on his own legal heirs, i.e., his wife and own child G.
The transfer of this property by B to her name alone is not maintainable, her daughter G is having equal share in it.
After the death of B, her share in the property received from her husband side shall devolve on the heirs of her husband, here the heirs of husband is G.
Therefore only G is entitled to entire property left behind by her father.
Yes they can claim as per the succession law
1. The house was originally purchased by F who was the second husband of B.
2. Hence, if F died intestate then on his demise the house devolved through intestate succession on his widow B and child G.
3. On the demise of B her share in the property of F devolved through intestate succession on his children from first and second wedlocks. Since E is the biological child of B from her first wedlock he also succeeds to the share of B in the property of F.
Dear Sir,
E has all the rights to claim the share in property by showing that he was adopted by second man and thus has right.
E have 1/3rd share. After 1956, both B and G have succeeded half share each and after demise of B her half share inherited in E and G.
Another view is under Hindu women's right to property act, F`s wife inherited his property solely before 1956 and on her demise, her property is inherited in E and G equally.
both E and G have 1/2 rights on the total share respectively.
Yes son E can claim the share from property of his mother because the property was on name of his mother at time of her death.
According to Hindu Succession Act, on death of husband, his wife and children will become his legal heirs to succeed to his property.
On death of II Husband, both E & G get share
