Legal Advice

Whether stepsons have right in stepmother property

Question: I have a daughter and two stepsons. Do my stepsons have any claim to my property?

Advise

Whether stepsons have a claim to their stepmother’s property depends on the property’s nature. If the property is self-acquired by the stepmother, the stepsons do not have a legal right to it. The legitimate daughter is the rightful heir, and she will inherit the property upon her mother’s passing.

However, if the property was inherited by the stepmother after her husband’s (the stepsons’ father’s) demise, it may be considered joint family property, and the stepsons would have a right to it through inheritance. In this scenario, the legitimate daughter also retains her right to a share of that property.

The determination of whether stepsons have a claim hinge on the property’s classification as either self-acquired or joint family property. The nature of the property will dictate the rights of the individuals involved.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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