I have a stepmother, my father wants to divide the property between my stepmother and me. She has two children from her earlier husband, who expired. Luckily, my father and stepmom don't have kids of their own.
Now, my query is, will she be able to give her share to her two sons, as it is the property is ancestral to my family.
Asked in Property Law from Gangtok, Sikkim
your father may want to make equal division of property . your step mother can bequeath her share to her children if she so desires . please clarify on what basis you say property is ancestral
if property is self acquired by your father and he makes a will in favour of your mother then she becomes absolute owner of that and can give to any body she likes,on the other hand if the property is ancestral then your right in that property also stands
Advocate, New Delhi
If the property is ancestral then your father cannot divide it at his sweet will. Neither your step mother nor her children from previous marriage have any right in the ancestral property of your father. Ancestral property is to be divided between only the heirs entitled to a share therein.
Please explain how your father became absolute owner of the property. Was it through WILL, inheritance, gift, sale.