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Meghna (MANAGER)     22 May 2010

Paternal Property

Hi,

I am a working professional 28 yr old Hindu. I lost my mother in 2003. My father remarried after my mother's death. I also have a younger sister. My step mother (earlier a divorcee) has her own daughter from her previous marriage. My father is working in Central Goverment looking to retire next year. Step mother is a house wife.

They (my dad, step mom and her daughter) stay in the first floor of my grand parents house in Calcutta. My sister and I don't stay with them. My father is the owner of the first floor of my grand parents house. He wants to ensure we (my sister and I) get the property after his death. I guess since step mom is his legally wedded wife there is no way we can avoid giving her a share. But we (sister and I) want to own the house after she dies in case she out lives my dad. My father is suggesting we get a Settlement Deed done which will give her the property after his death but not allow her to give it to her daughter or sell it.

The whole point is we dont want the house to go to my step moms natural daughter after her death.We have no issues with her staying in it till she dies. Please advise what's the best way to ensure this.



Learning

 1 Replies

Anil Agrawal (Retired)     22 May 2010

Your father is not the natural father of your stepmother's daughter. Therefore, her daughter has no right as of now in your father's property. But when your stepmother inherits her share of your father's property, it is quite naturally expected that she will give her share to her own daughter or to whoever she pleases. 

Can anyone prevent it legally? 


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