Querist :
Anonymous
(Querist) 25 October 2017
This query is : Resolved
Hello experts, plz advice on my problem:
I had two mothers ,Own Mother & Step-Mother (both of them are NO MORE, they left no will also). I have a younger brother of my own and a brother & sister from Step-M. Back then in 1970s, we were a joint family and whatever money we earned used to go in common account. We have a House in posh area which is in the name of Step-mother. Now the brother from Step-Mother says that he's the only legal heir of the property. What are the prospects if we file property suit in court of law?
Ms.Usha Kapoor
(Expert) 26 October 2017
In the absence of a will all of you get equal rights in the property left behind by your parents and your late step mother.But one hitch. If the house in posh locality is in your stepmother's name her legal heirs her son.and daughter after getting legal heirs certificate will get their mother's property transferred in their names.Regarding remaining property you all have equal shares in the properties left behind b your parents.
Vijay Raj Mahajan
(Expert) 26 October 2017
In case of Hindu Succession Act 1956 the on the death of Hindu female who dies intestate, without making a Will, her property devolves in equal share amongst all her children and husband if alive. The sons and daughters includes step son and step daughter. If the case in question is that for Hindus than the claim and share of step son in the property exists.
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