According to the Hindu Succession act, 1956, the children who have the blood relation the person who has the property rights has the first right to his power of attorney. This is only happening in the case if his father dies without leaving a will in which he has mentioned all the details about the property. The individual that is the stepson of the person also has the legal right to acquire his entire share of ancestral property. But this can only happen in some situations. If you want to know property right stepson in India, let’s take a look at the forthcoming paragraph-
Ancestral property
As per the Hindu law act, a stepson automatically acquires the right on his father’s share, especially when it is the ancestral property at the time of birth. The ancestral property is also known as the inherited up to 4 generations which continents of male lineage. It is only regarding the inherited into conditions-
- If a power of attorney inherited by the father from his father that means from the stepson’s grandfather who partitions his property during his lifetime before death.
- Another condition is your father acquired the property from your grandfather as a gift. In these cases, the property is regarded as ancestral property.
- Stepson can claim his share in the inherited property even during the lifetime period of his father. In this case, the applicant must be seeking his share of the property to prove the succession.
Self-acquired property
The Hindu law act says that the sun does not have the legal right on his father’s property right over if he self-acquired his parents’ property. Therefore, we can only claim your share if he can prove that he contributes to the property or acquisition of the attorney. There is no chance for stepson in receiving a share in the self-acquired property of his father because of the legal issues. Moreover, a grandson does not have the right over the self-acquired property of his grandfather’s show the steps and cannot ask for the share from his father.
If the father gifts an attorney
This property is not considered an inherited or ancestral property if a father gifts it to his stepson. Therefore, the one cannot claim his share in the property because it was gifted to his father by his grandfather, so he has no right to claim the share. The same goes for the self-acquired property. In such cases, the stepson has no legal rights on the property of grandfather in case if we gifted power of attorney to his son. This is because he could have granted it to any other person, so he tries to ask for any claims.
Know the legal rules and regulations
If you are the one who wants to clean the property of your father as a stepson, first you need to learn some rules and regulations regarding the Hindu family Act 1956, it is also known as the Hindu Succession act. Without having complete information about the legal laws and regulations that come under the section, you cannot ask for the claim or prove your point in court.
