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Property division

(Querist) 03 February 2012 This query is : Resolved 
Sir

my mother has expired and my father married second time. The lady whom he married has a daughter from her first husband. i want to know how much percentage of property is she entitled to. Does her daughter will also get property share from my fathers property. and what about the property which will be given to my step mother. suppose if anything happens to her, do we have any right on her share. can she sign that share of my fathers property to her daughter from her first husband.
Shastri J.K. (Expert) 03 February 2012
her daughter will not get property share from ur fathers property.
M.Sheik Mohammed Ali (Expert) 03 February 2012
no, if second wife daughter adopted by your father then that daughter will get share. so confirm that father will adapted or not.
ajay sethi (Expert) 03 February 2012
answer queries posted by sheik ali .
Raj Kumar Makkad (Expert) 03 February 2012
The daughter brought by wife born out of her first marriage shall get the share of her genetic father as per law but if she is adopted by second husband of her mother then she shall not get any share out of her genetic father and shall be treated at par with the natural son of such person/father.

Now confirm the factual position.
Deepak Nair (Expert) 03 February 2012
The query is sufficiently answered by Mr.Rajkumar Makkad.
The daughter of your step mother born out of her first marriage does not have any claim on the property of your father, but the step mother has her claim.
Sailesh Kumar Shah (Expert) 04 February 2012
agree! No need to add more.
prabhakar singh (Expert) 04 February 2012
The query does not speak about any adoption.
That is unnecessarily imported by dear sheik ali.
On the given facts the daughter shall get properties not of your father but of her father but she shall inherit properties of her mother.

If properties in hands of your father is his self acquired then his testamentary rights of disposal shall over rule legal successors who you and your step mother are.


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