• Is step daughter a legal heir?

Please advise if my step sister from first wife of my late father is a legal heir in property of my late mother
Asked 3 years ago in Property Law
Religion: Hindu

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20 Answers

Step child unless adopted by his step parent can not inherit him. 

Step children can inherit only hus biological parents  

Devajyoti Barman
Advocate, Kolkata
22830 Answers
488 Consultations

5.0 on 5.0

If your father is not the biological father she has no share in your deceased father property 

Ajay Sethi
Advocate, Mumbai
94752 Answers
7541 Consultations

5.0 on 5.0

No. She is not.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes both having same father and you can also identify the class of heir

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. No. Step Daughter CANNOT claim anything from her Step-Mother's property, in anyway, whatsoever, without any exceptions.

2. However Step Daughter CAN claim her share of property from deceased biological Father, in EQUAL proportions. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes, she is entitled ti get the share of the property.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

No she is not but she is definitely legal heir in the property of your father.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. If your step-sister is not legally adopted by your mother she has no right in your mother's property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your step sister, if born to your father can become a legal heir to your father if he is not living, but in any case she will not become a legal heir to your mother neither she will be considered as a successor in interest to succeed to the properties of your deceased  mother.

 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

No, your step sister is not legal heirs in the your biological mother's property share.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- If the said property came to your mother after the death of your father , then she can claim right over the property left by your deceased father .

- But, if the said property is in name of your mother , even purchased from the fund of father , then legally the step sister having no right on her property , specially when your mother has not adopted her legally. 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

Not in your mother property if she was not legally adopted by your mother.

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

1. If there's a registered Adoption Deed for the same, then your step sister from first wife of your late father, will be one of the legal heirs of your mother.

2.  If there's no registered Adoption Deed, then your step sister will not be legally entitled for a share in your late mother's property.

Shashidhar S. Sastry
Advocate, Bangalore
5122 Answers
314 Consultations

5.0 on 5.0

If your mother didn't adopt her then she is not an heir to the property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No. She is share holder in her mother's property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

No she is not legal heir in property of your mother.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

She is only legal heir of the fathers property if it's ancestral. If your father has self acquired property and only if he will in her favour or dies intestate then it's possible to get share. If the property is self acquired of your mother only if mother consents she can get it or if mother willed or died intestate

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Sir/Madam,

The step daughter is definitely the legal heir of the mother as asked by you. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

yes, Biological Children's are class1 legal heir. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No. She is not a legal heir given the circumstances you have explained in the question dated 09.09.2020. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

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