Step parents
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
my step mother wants togive a part of the porperty to her daughter.the will is in my name.can i stop her. do daughters have a share in the property.my biological parents are alive.can i claim a share in their property if my surname is different from them.my elder bro does not want me tohave a share in their property..if i do not provide the original docs of the prop to my stpmother cn she transfer teh property to my sister.
Devajyoti Barman
(Expert) 10 September 2011
If the property belonging to a person is his/her self acquired property the he can give the same to any one she wishes.
The situation is different for ancestral property.
However the step son/daughter can not inherit the property of step parent.
Querist :
Anonymous
(Querist) 10 September 2011
what about my biological parents, can i claim a share in their propert.pls answer my original question if full.
Devajyoti Barman
(Expert) 10 September 2011
Yes but only if the same is ancestral property.
ajay sethi
(Expert) 10 September 2011
you have stated that will is in your name? who made the will ?
was probate obtained?
if property has been willed to you, your stepmom cannot give property to her daughter .
S.KARUNAMOORTHY
(Expert) 10 September 2011
Mr. Ajay said wht i thought in this matter..
Querist :
Anonymous
(Querist) 10 September 2011
yes, the property is willed by my step mom in my name,it will come into effect after her death.can she name it to her daughter before her death.this is my question?what is the section of the court that applies to this law?pls confirm.
M/s. Y-not legal services
(Expert) 10 September 2011
if the will is arranged by your step mother.. still she alive., also now she wants to transfer the property to her daughter name.. nothing wrong here.. a will can cancelled how many time till her life time.
M/s. Y-not legal services
(Expert) 10 September 2011
on the other hand if the property is ancestral property she can't.. you can challenge the same.. you can challenge it without your parents.. but since she is your step mother here something confusion.. just consult your advocate.. because how your step mother and you can claim a same property as ancetral?
prabhakar singh
(Expert) 10 September 2011
1) you can claim a share of your biological father if any property in his hand at present has originally belonged to your great grand
father from it came down to your grand father,and then to your father,otherwise you can not claim in his life time,unless your father dies leaving properties without making a WILL in your favor alone,in absence of will share with all the sharers he may leave on his death.
2)you can not claim the property of your biological mother in her lifetime as of right.
3)Your step mother or any body can change his/her Will as many time as one wants during his/her life,so can also do your step mother.your step mother can give her property to her daughter,if she owns it by a gift or by changing the WILL made in your favor.
hope you now have got your all doubts removed.
