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Rohan   17 December 2021

Is step mother a class 1 or class 2 legal heir interest of hindu succession act

My brother died recently. He is survived by his son and his wife. His biological father and mother are no more. Our father married our aunt after the death of our biological mother. Can our stepmother/aunt claim an equal share as a class 1 legal heir to my deceased brother?
Incase she gets an equal share in the properties will it be overturned in civil court if my brothers wife and his son file a civil suit?


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 4 Replies

Rohan   18 December 2021

One of the property is a gift deed from our step mother to my deceased brother. (Which she did by taking money, but on paper it's a gift deed). The chief officer has now giving an acknowledgement to my brothers wife and son saying that according to Hindu succession act mother (including step mother) is a class 1 legal heir....how to proceed after getting an injunction order for this and claiming my brothers son to be the rightful legal heir along with his mother

Rohan   18 December 2021

Thank you for your opinions. We don't mind if the property given as gift deed is shared by the step mother, but the chief officer has clubbed other properties also of my deceased brother and given an equal share to my step mother. (Chief officer has been bribed) Can this be over turned easily in civil court?

G.L.N. Prasad (Retired employee.)     18 December 2021

Strange all 4 replies disappeared suddenly.  Contact a local advocate and ask him whether she is a Class 1 legal heir or as father's wife a Class ii legal heir. Who is the chief officer?  Where is the question of bribes?  How she can get a title through his remarks/opinion?

Rohan   18 December 2021

There is no will done by my brother, he would never give anything to his step mother even if he was alive, such was thier relationship. Since he has died intestate, can step mother be termed as equal to class 1 legal heir with son and wife? The chief officer has taken a legal opinion from a local lawyer and done this.


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