• Transfer of property to my stepmother after death of my father

My father has got married in 1996 to my step mother and my step mother has not given any birth of child. My question is that how much did she deserve to claim for father's property after his death.
Asked 11 months ago in Property Law from Buxar, Bihar
Religion: Hindu
1) I presume your father married your step mother on your mother demise 

2) on father demise your step mother , you and your siblings would be legal heirs and have equal share in the father property 
Ajay Sethi
Advocate, Mumbai
27413 Answers
1490 Consultations
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Hi, your step mother has equal rights of share in the properties as that of other legal heirs.

Pradeep Bharathipura
Advocate, Bangalore
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149 Consultations
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Hi, You can't avoid her share in the property.
Pradeep Bharathipura
Advocate, Bangalore
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149 Consultations
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1) your father can during his lifetime execute  gift deed in your favour 

2) gift deed should be duly stamped and regd 

3) on gift deed being executed you would be absolute owner of the property 
Ajay Sethi
Advocate, Mumbai
27413 Answers
1490 Consultations
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In law there is no question of how much one deserves but how much one is entitled under the law of succession. On the demise of your father his widow and children are his legal heirs, each one of whom succeeds equally to his properties in the absence of a will.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
If you want to minimize her share then convince your father to make a will to this effect..
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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1.If your father had legally married your step mother after the demise of your mother, then she is entitled to equal share of the properties of your deceased father along with all the children of  your father and his mother (if the mother of your father is still alive,

2. Collect legal heir certificate from the local tshshilder, municipal counselor  or Panchayat pradhan.
Krishna Kishore Ganguly
Advocate, Kolkata
13604 Answers
292 Consultations
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1. You can not minimise or increase anybody's share of your father's property since law has given all the legal heirs his/her share which is not linked to her service to your father,

2. Moreover, since your father is still alive non of you are entitled to any of his properties and he can deal with his properties the way he likes without consulting you.
Krishna Kishore Ganguly
Advocate, Kolkata
13604 Answers
292 Consultations
5.0 on 5.0
1. Your father may gift his property to any body he likes and in that case no other person including your step mother will get no share of your father's property,

2. Your father can also execute and register a will bequeathing his properties to any body he likes and in that case the beneficiary shall have to take probate of the will after the demise of the testator being your deceased father. 
Krishna Kishore Ganguly
Advocate, Kolkata
13604 Answers
292 Consultations
5.0 on 5.0
My father has got married in 1996 to my step mother and my step mother has not given any birth of child. My question is that how much did she deserve to claim for father's property after his death.

If your father married your step mother after the lifetime of your mother then she is entitled to an equal share in the properties of your father to that of the other legal heirs of your father upon his intestate death.
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
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How can I minimize the transfer of my father's property after his death to my step mother as she doesn't care us at all and she is attached with some one else indirectely. My father is still alive and he is taking state govt pension.

You cannot deny her the right or entitlement she is entitled to in your father's intestate properties, whether movable or immovable.  She is one of the legal heirs of your father, hence your father can settle his property and money to the persons of of his choice during his lifetime or can even  make a testamentary will disposing his properties .
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
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