Property

Smart Developer (Querist) 21 August 2012 This query is : Resolved
My father got married again after my mothers death 20 years back. The person he married already had 2 kids, a boy and a girl. We are also 2 brothers. So in total now he has 4 kids.

My father has died recently. Before his death he equally divided his property with his second wife and between us i.e. (2 of us - myself and my brother.) She got her share and we got ours.

My question would be:

1) Can my fathers 2nd wife's kids claim anything in the property distributed by my father ?
2) Who will get the property after my fathers 2nd wife dies?

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Adv.R.P.Chugh (Expert) 21 August 2012
The important question is how did your father divide the property ? Was it through a will/gift/registered settlement deed ?

In any case your dad's wife's kids are step children having no independent right of sucesssion. They are not the legal heirs of your father unless adopted.

If there was no will/gift/registered settlement as aforesaid, and division was only oral, then the property gets divided in 3 equal parts 2 for you and your sibling, 1 part for your step mother/widow. In this your share gets augmented

After death of father's second wife her legal heirs get the property.

Smart Developer (Querist) 21 August 2012
The property was transferred to our names via registration. (myself, my brother and step mother.)

If my step mother does not by will/gift/registered to their childrens, Can we claim on that property was my question?

Devajyoti Barman (Expert) 21 August 2012
1. Yes from her mother's share.
2. Her own children , not you.a

adv. rajeev ( rajoo ) (Expert) 21 August 2012
If they are not adopted they cannot have any share

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