legal heir
kumar saurabh Srivastava
(Querist) 11 May 2016
This query is : Resolved
Who Is legal heir of stepmother?? Her children born by her womb or stepchildren or both?
Kumar Doab
(Expert) 11 May 2016
It is believed that the Lady is Hindu.
Children born from her womb have first right.
kumar saurabh Srivastava
(Querist) 12 May 2016
Ya the lady is hindu
Can u suggest any reference case or section/act/clause for the same
Kumar Doab
(Expert) 12 May 2016
Your able counsel shall choose and cite the citations at appropriate time in appropriate forum.
P. Venu
(Expert) 12 May 2016
Please post the material facts.
kumar saurabh Srivastava
(Querist) 12 May 2016
But is there any clause for this type of succession in law
Upto what I have studied I only found matter related to property of father or male individuals. No such case was cited . So if you know such aspects kindly get to know me.
kumar saurabh Srivastava
(Querist) 12 May 2016
Material facts are that a family head had his first wife who gave birth to 2 sons and 1 daughter. After her death in epidemic, he married a next girl from which he has 2 daughters only.
Now the property of house is registered in name of second wife. Now every son and daughters are now married. Both the male head and his second wife has died in last year. Property remains unclaimed andand without any will. So now the question is who is the legal heir of the second wife. Please help.
Rajendra K Goyal
(Expert) 12 May 2016
How are you related to / concerned with the query?
Kumar Doab
(Expert) 12 May 2016
You have posted that:
"Now the property of house is registered in name of second wife.'
Either the property is self acquired/acquired from husband.
In case it is self acquired, her husband and children have first right.
If it is acquired from husband heirs of husband have right in the absence of children.
Children from her own womb are present.
You may wait for the advise of other experts.
P. Venu
(Expert) 12 May 2016
What do you mean by "Now the property of house is registered in name of second wife"?
also, who has died first, the husband or the second wife?
kumar saurabh Srivastava
(Querist) 12 May 2016
Rajendar sir I'm the grandson of the property owner I.e the head and his second wife
Kumar sir the property is self acquired and her husband is also not alive. He died before her. And ya both of her daughters are alive
Kumar Doab
(Expert) 12 May 2016
In the case of a woman it is natural
that a step son, that is, the son of her husband by his
another wife is a step away from the son who has come out of
her own womb.
kumar saurabh Srivastava
(Querist) 13 May 2016
It means that the legal heir of that property will be the two daughters of the woman. Right??
