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Subham sarkar   19 November 2017

Law of inheritance

Hi my name is subham sarkar. My father had 2 wifes. 1st wife was my mother, but there are no marriage certificate. 2nd wife was my stepmother. She has one son panna sarkar. My mother died 30 years ago and my stepmother died in 2010. My father died in 2012. And now my stepbrother does not give me any penny from my stepmothers property... Am i rightful to have shares in my stepmothers property??


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 7 Replies


(Guest)

You are original son.  You should originally have had share in fathers property.  Your step brother is duplicate son, he too has same right as you.  Both have equal share in property, both wives have equal share in property of the husband.

However second wife property if it is self earned you cannot claim it.  If it from your fathres property yo uhave equal rights in it.

Subham sarkar   19 November 2017

Thanks sir.. But my stepmother died in 2010 without any will..... And after 2yrs my father died. So is it possible that i have some rights in my stepmothers property, if yes how much %??

(Guest)

You can send me your papers (photo copies).  WIthout seeing papers what can be told is caleld palmistry.

Subham sarkar   19 November 2017

Sir how to send you photocopy... Actually sir my stepbrother is a lawyer... So he occupied with his influence all our property.

Ompal Aggarwal (Advocate)     19 November 2017

If ur stepmother died inestate in that case ur father & her son have share in the property of ur stepmother or both have equal share It means on the death of ur father u have right on one half share of the property which ur father got from the property of ur step mother and one half goes to ur stepbrother

Ompal Aggarwal (Advocate)     19 November 2017

If ur stepmother died inestate in that case ur father & her son have share in the property of ur stepmother or both have equal share It means on the death of ur father u have right on one half share of the property which ur father got from the property of ur step mother and one half goes to ur stepbrother
1 Like

Vikas Hedau (Advocate)     21 November 2017

Self acquired property of your father was never devolved upon your step mother no no need to think of her share, your step mother had died before father so she also had no share devolved on her.
 
Mr. Subham Sarkar as soon as your father died inteste, his proper was devolved upon his living legal heirs i.e you and your step brother , just go and file suit for partition, your step brother will come on his knees. i bet

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