Right of step children in self acquired property of woman
Querist :
Anonymous
(Querist) 28 August 2020
This query is : Resolved
Sir, 'A' Hindu woman died intestate holding self acquired property. At the time of death she had legal heirs as below.
1) Minor Son 2) Major Daughter & 3) Husband.
As per HSA mutation process carried out and heirs registered as mentioned above.
Few years after her death husband remarried and have two children from second wife.
Please advise whether step childrens have a right in property after dyeing of husband intestate. If yes, for how much share? (Please note, Second Wife also died before husband's death)
SHIRISH PAWAR, 7738990900
(Expert) 28 August 2020
Hello,
After the death of husband the share of children born out of second marriage will be equal right in the property of husband along with son and daughter born out of first marriage.
Rajendra K Goyal
(Expert) 28 August 2020
Husband has 1/3 rd share in the property of first wife.
If he expires intestate, his above 1/3 rd share and other properties (if any) would be inherited by all his legal heirs along with the son of first wife who is also a legal heir of father.
Advocate Bhartesh goyal
(Expert) 28 August 2020
All the sons and daughters of husband either they are bored out by first wife or second wife have equal share on his property.
kavksatyanarayana
(Expert) 28 August 2020
Agreed with the above-learned experts. nothing to add.
Dr J C Vashista
(Expert) 29 August 2020
Second wife and her children (step children) shall be entitled a share from 1/3rd of their husband/ father i.e., out of his share.
What is your concern / locus standi to the academic post ?
Prima facie it is an academic exercise.
Querist :
Anonymous
(Querist) 29 August 2020
Sir, It's not for academic exercise. I am Grand Daughter of First Wife ( Self acquired Property Owner ) . My Uncle / Aunt ( Step Childrens) are insisting of 1/3 rd share in property. Hence I would like to know fair advise on the matter.
I am quite relieved on reading replies received from all of you experts.
I always remain very thankful to all of you for your valuable advice. Thanks a lot Sir.
kavksatyanarayana
(Expert) 29 August 2020
The husband's first wife died leaving behind her (1) husband, (2) daughter (3) minor son. So the self-acquired property of the first wife devolved between her (1) husband, (2) daughter (3) minor son in three shares i.e 1/3rd each. So the property of the three will be treated as their self-acquired properties. Therefore the after the husband's death, his share will be distributed among first wife's children and also the children of 2nd wife in equal shares. Still you have any doubt please call me.
Rajendra K Goyal
(Expert) 29 August 2020
1/3 rd Share in the property inherited as legal heir by father would be inherited by son and daughter of first wife and second wife and her two daughters. Each would get 1/15 the share in the property.
