On father demise you have one third share in property
on step mother demise her property would devolve on her daughter only
you have no share in step mother property
Rights of second wife child on her step mothers property received by father's demise
I am a daughter of second wife to my father. After my father's unfortunate demise, the property that my father earned should be shared between my step sister, my step mother and I. What happens to the property after my step mother dies? Is it only to my step sister? As it is earned by my father do I not have any right on that? Please provide supporting laws or rulings. It's urgent. Thank you.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
The chairman is for lifetime. Quorum is tree members. Your role cannot be changed being lifetime. Chairman cannot be dislodged and it the Chairman who has authority to control bank account. Power of Chairman to operate bank account cannot be taken by any resolution as his power is by virtue of being Chairman. Power lies in Chairman as Chairman which is lifetime.
Dear Ma'am,
1. You are only entitled to your father's and your mother's property. You are not entitled to your stepmother's property. in your case, you're entitled one third share
2. after the death of your stepmother, the property will devolve upon your step sister only and you don't have the right over the share of your stepmother.
Thank you
You being a legal heir to your deceased father you are entitled to a legitimate share out of your father' self acquired property as a right.
Since there are other legal heirs namely your step mother and the step sister, the property shall be divided into three shares and one such equal share would be allotted to you as per the law of inheritance or the Hindu Succession Act, 1956.
If they dispute or deny to allot your legitimate share you may file a suit for partition before a civil couirt and seek your relief and justice as per law.
- As per law, after the death of your father , his property would be devolved upon all his legal heirs including step children.
- Hence you will have equal right over the property left by your father
- However, after the death of step mother , her share in the property can be claimed by only her children , and you will have to right to claim .
1. If your father passed away intestate then his property has devolved on his Class 1 heirs (widow and children) equally.
2. If your father had remarried your mother during the subsistence of his first marriage then your mother is not a lawfully wedded wife of your father, hence she is not a Class 1 heir either.
3. The property of your step mother will devolve on her biological children if she dies intestate.
