After the death of the father, daughter, Son, stepmother, and step-siblings are the legitimate children of the individual. They will get the right to an equal share as coparceners in the ancestral property. The rule is applied by the court in self-acquired and the inherited property of the father. Sometimes it becomes difficult for the daughter to claim her share in the property if the father executed a will when he was alive or during the lifetime. However, Hindu law says that the father’s demise is the time when the stepmother and step-siblings can ask for the share of his property that is self-acquired the ancestral.
According to the Hindu Succession Act, 1956 Stepmother property right in India is legal in some cases. The Hindu law act and the court considered the following person as the class I heirs who have died intestate and has the right of property-
Son, daughter, stepmother, stepsiblings, son and daughter of a predeceased daughter and related the person have the right to claim the property after his father’s death.
To know about the further details of stepmother right on the husband’s property, let’s take a look at the forthcoming paragraphs.
In case if the father has not in a legal marriage
If the individual is not legally married to his second wife, then and there are fewer chances that the second wife and children have their rightful authority in the share of his property. In the case of divorce former wife, the top wife of the person has legally entitled to share the part of his property. However, in the past few years, the court held the right of the first wife and allowed the second wife to get the nominee if the person makes a well when he is alive or during his lifetime.
For more details, you can also read out some years ago cases and get brief details about the stepmother rights on the property in the India Hindu act.
Let’s take a look at the example for the share rights of the second wife in husband property
For example, if an individual’s first wife is dead and the person is married to another and has two sons. On the other hand, the individual only has an only daughter with his first wife, and now she is married. Now the question comes: What will be the spare part of her in his father’s property after his demise? Well, as per Hindu Succession Act 2005, a daughter has the complete right to his father’s property when it is ancestral property. If she is not getting the right to share in his father’s property, she can file the case in court.
On the flip side of the story, the stepmother also has the right to claim for share in husband property. In case if the person dies intestate, the property share of the individual or can be claimed by only these persons under the act of class-I heirs-
- Son & Daughter
- Widow wife
- Widow daughter
- Stepmother & stepsiblings
- The window of predeceased son
Thus, these are the description of blood relations that people can ask for the rightful share from the father’s property.
