Indian inheritance and property rules are extremely complex, which leads to numerous legal issues. I have seen that the issue mostly surfaces when someone passes away without leaving a valid will. Family members fighting over property is a frequent topic that nearly everyone has seen. Despite the fact that the property rights of some family members, such as a husband, children, parents, etc are still mostly assured. So this answer will guide you about can a stepson legally acquire stepfather property.
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Consider the immovable property that the late father owned, including both self-acquired property and inherited property by the father. Then it would be equally divided between the children from the first marriage and the second marriage.
Remarrying without first getting divorced is against the Hindu Marriage Act of 1955. The second wife is not eligible to receive any share of the deceased husband's property. Because of this, in the event that the husband passes away without leaving a will, But, according to Section 16 of the Hindu Marriage Act of 1956, the children from the marriage will be treated as legitimate. They possess the rights to the father's property as a class I legal successor in the event of the father's death interstate. It is defined under the provisions of the Hindu Succession Act of 1956.
The children born in this relationship are regarded as genuine even if the second marriage is found to be illegal. It is because of a violation of the Hindu Marriage Act, of 1955. These children have the same legal claim to the property as the kids from the first marriage under Section 16 of this Act. According to the 1956 Hindu Adoptions and Maintenance Act, the second wife and her children are entitled to care even in cases of forcible marriage. But the second wife's children from her prior marriages are not subject to any of the deceased husband's property.
Can stepsons claim stepmothers property?
The intestate distribution to the stepmother's assets shall follow the personal law of the deceased. Stepchildren can make a claim for a portion, but only through a court of law because they are not the immediate legal heirs or successors. Stepchildren are not entitled to any of the property that their stepmother inherits. She may leave the property to her stepchildren in her will.
You are now aware of can a stepson legally acquire stepfather property.
Read More: Can daughter claim mother’s self-acquired property? Can son claim mother’s property when the mother is alive? Can son claim mother’s ancestral property? Can son claim father’s property when father is alive?
Can a stepson legally acquire stepfather property?
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2022-11-21T09:02:35+00:00 2022-11-21T09:02:37+00:00Comment
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