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Does A Second Spouse Have Rights To Her Husband’s Property?

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I’ve 4 siblings. After our mom died in 2005, my father remarried in 2006. My father died on 3 August 2021.  He had invested secretly in actual property. What are our rights and people of our stepmother on his properties?  My father’s siblings solid his signature and offered off the property inherited from my grandfather.  How can we get this again?

— Identify withheld on request


We’ve assumed that your father was a Hindu and he died intestate i.e., and not using a Will. The Hindu Succession Act (HSA) lays down how the property of a Hindu male will cross in such circumstances.Provided that your father married one other lady after the dying of his first spouse, it seems that the second marriage of your father was a sound marriage (assuming the authorized necessities and registration have been performed fully). Assuming so, his youngsters in addition to his spouse (i.e., stepmother and his youngsters) could be thought to be ‘Class I authorized heirs’ underneath the HSA and due to this fact, each the stepmother and all the kids would have an equal share in your father’s property. Additionally, 1/sixth share of your father’s property will devolve on her.

 On your grandfather property, this may require additional dialogue together with your lawyer, because the legislation round step moms and ancestral property remains to be in flux.  In India, there isn’t a central depository or mechanism the place one can discover out about all of the classes of property/investments held by a person. As regards immovable properties, an inspection of the books maintained by the involved workplace of the sub-registrar may be thought-about to search out out about his investments in immovable properties. When you’ve got entry to his financial institution data, you can too attempt to discover out about his investments in properties via them. Additional, you can too verify his earlier tax and associated filings to search out out about his actual property holdings.

The kids should provoke applicable authorized proceedings in opposition to the daddy’s siblings to assert the share of the daddy in grandfather’s property. The character of authorized proceedings to be initiated should be analysed primarily based on the related income data and possession paperwork obtainable with the kids. This might be a time consuming and costly endeavour, so you could contemplate mediation as a sooner treatment.

Rishabh Shroff is companion, Cyril Amarchand Mangaldas.

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