• Is my step sister from other mother is legal heir in property of my real mother

Property is in name of my mother, my mother has died 2 months back and father also died 5 years earlier, both of them has not executed any will, I have a step sister from first wife of my father, i.e. my father was her biological father but my mother is her step mother, so please advise if she (my step sister) has any right on property of my mother?

As after my mother there are only 3 legal heirs me, my real sister and my father (who already died 5 years ago) so is there any legal way that the share of father can be claimed by my step sister as mentioned above ?
Asked 1 month ago in Property Law
Religion: Hindu

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19 Answers

No, if its your mother's self earned property, then step sister do not have any share in it.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1. Your step sister has no right in the property of your mother.

2. See your father predeceased your mother he has no.share in property of your mother , you and your sister are heirs of your mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Your step sister has no rights on your mother property 


your father predeceased your mother 


hence on mother demise you and your sister are only legal heirs 


Ajay Sethi
Advocate, Mumbai
79342 Answers
4746 Consultations

5.0 on 5.0

Property is in the name of your mother and at the time of her death, she was surviving with you and your real sister.

Hence,  since your mother died intestate, you and your real sister are co-owner in the said property in equal share i.e. 1/2 share each.   Your step sister does not have share in the said property.   However, in case the property would have been in the name of your father then after the death of your mother, she was entitled for 1/3rd share each.

Dalip Singh
Advocate, New Delhi
856 Answers
13 Consultations

5.0 on 5.0

1. Whether the property is your mother's self acquired property or earlier it was owned or funded by your deceased father?.

2.  Assuming that your mother at the time of her death was owning the property, which she got on the death of your father and since both are dead intestate, then the entitlement to the property devolves equally to you, your real sister and your step sister in the ratio of 1/3rd each.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0


You father passed away before your mother. Therefore, as of now only you and your real sister are the legal heirs. Your step sister cannot claim a share. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

- After the death of your mother intestate , her property would be devolved upon her legal heirs , i.e. you and your real sister only , as your father has already died , and the step son & daughter will have no share in her property. 

- Further , as your father has died before the death of your mother and not after the death of your mother , then the property will be distributed between you and your sister only . 

- Only in case . when father died after the death of mother, then only the steps children can claim right , otherwise no share in your mothers property .

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

No she will not be legal heir on self acquired property of your real mother. But if it's your fathers property then being her daughter she will be legal heir if your father dies without will. If dies with will then as per the will

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Yes..... Children if your step mother have right to claim in properties of your father if he has not made WILL.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

Your step sister do not have direct rights in your deceased mother's property. 

Your father's share out of your deceased mother's property shall devolve on his own legal heirs. 


T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0


She is also a legal heir and has equal rights in the property of your father as per Hindu Succession Act 1956.

She has no right in self acquired property of your mother. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

If your mother had adopted her then she does have a share. Otherwise not. Generally people don't adopt kids of their spouses.

Assuming that she didn't adopt her she doesn't have any share in the property.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Dear Sir/ Madam,

Second wife doesnt have implicit rights on property

Anand Shukla
Advocate, New Delhi
632 Answers
13 Consultations

4.9 on 5.0

No if she was not adopted by your mother.

Daughter of pre deceased husband has no share.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Yes your step sister can make her claim

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Dear Sir/Madam,

It is suggested that  the step sister has no right in your mother's property. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

Yes she is entitled to the share of your father's property.


Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

1. No she will not have any rights in property of your mother.

2. Yes your step sister can claim share from property of your father which he inherit from your mother but only after his death if he dies intestate or give some share to her through will or he can execute gift deed in favour of his daughter.


Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

step sister has no rights. 


Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

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