Legal Advice

Stepmother demanding full share in father’s property

Question: Our property was transferred from pagdi to ownership and no registration was done in the name of my mother. Stepmother is demanding full share in father’s property. My mother died in 1999 and my father take noc from all children. Three sisters and 1 brother total 4 of us (all major) which was not registered only notarized  and become member of society. Society also transferred a share certificate in his name and he was remarried in 2008. He passed away in 2022. My stepmother does not have any child. She had written a letter to society not to transfer the flat in his son's name as she has legitimate right in property. Does she have a legitimate right, if yes then how much percentage ? If yes then can she make a gift or will and transfer her part of share to anybody from her side  If yes then can we make any arrangement that she cannot gift or will her share to anyone other than legal heirs. Does society have the right to prevent legal heir membership on her letter ? How much right she will have as my step mother in my personal property after my death.

Advise

Your stepmother cannot claim full right in the property of her deceased husband. This property is not the self acquired property of your father. It was actually belonged to your mother. After her death your father got a share certificate from the society after obtaining no objection certificate from the legal heirs. 

That transfer paper is unregistered therefore, it has no legal validity in respect of transfer of right. Hence, your siblings and you are the legal heirs in respect of this property. Hence property will legally devolve upon all of you. Stepmother has no right in this property. 

Your deceased father died intestate i.e. without making a will. In absence of will the property will devolve in accordance with law of inheritance. Your stepmother does not come in the list of class one heirs. Therefore, she will not get any share in this property. 

In these circumstances you should file a declaratory suit under Section 34 of the Specific Relief Act. The court will declare your right. If you want partition then the court may also divide the property among each legal heir.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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