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Stepmother claiming share in ancestral property 

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Question: Stepmother claiming share in ancestral property. My father married another woman after my mother expired when I was 3 years old and my sister 5 years old. Later on even my father expired when I was 10 years old. My stepmother got a partition from my dad’s brother and she entitled her name also in the partition deed now I’m 27 years old.

Now my stepmother claims she is entitled for half of the property and the other half is for me and my sister. This property is my ancestral property which was partitioned after my dad’s death between my dad’s brother and my stepmother and us. So what share does my stepmother get in property according to law 

Asked from: Karnataka

It seems from your question that your stepmother is childless. She has no child from your father. The second marriage of your father is valid hence, your stepmother is the legally wedded wife of your father. But she has no right in her husband’s ancestral property. 

Section 6 of the Hindu Succession Act envisaged that when a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary.

Only surviving coparceners are entitled to get share in the ancestral property by survivorship. Your stepmother is not a coparcener hence, she is not entitled to get share in ancestral property of her husband. Your father died intestate. Hence, ancestral property shall devolve by survivorship. 

As per the rule of survivorship only your sister and you are coparceners. Therefore, the property shall devolve upon your sister and you only. In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 the Supreme Court has held that a daughter is a coparcener irrespective of the fact that she was alive or not when Section 6 of Hindu Succession Act was amended. 

Thus in your case, the ancestral property shall devolve on daughters only and the widow has no right to get share in the ancestral property of her husband. Your stepmother’s claim of 50% share in the ancestral property is illegal. You should file a civil suit for cancellation of partition deed and declaration of your right in the ancestral property. Stepmother wrongly claiming share in ancestral property. Stepmother cannot take possession over the property.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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