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Step Mother and we four Brother and sister's Property issue
10 months ago
We have our house in which our step mother and her daughter is living and me and my real 3 sisters are in their own houses, we have total 5 legal heirs after my father, now as she is living in the house, can we sell that property or how we can tell her to take your legal part and leave the house.?
A.Dear Client,
Your stepmother means the second wife of your father. Under the Hindu Marriage Act, 1955, the second wife can inherit property only under two scenarios, i.e., when the husband remarries after he divorces his first wife or when the husband remarries after the death of his first wife. The children of the second wife, irrespective of the validity of the second marriage, are entitled to inherit as per Hindu Succession Act, 1956. They are considered legitimate as per Section 16 of the said Act and they fall within the category of Class I heirs. So, the children of the second wife can inherit the property equally along with the children of the first wife. Once a suit for partition of property is filed in the Civil Court, order of partition would resolve the issue. So reach out to an Advocate for guidance and steps.
Your stepmother means the second wife of your father. Under the Hindu Marriage Act, 1955, the second wife can inherit property only under two scenarios, i.e., when the husband remarries after he divorces his first wife or when the husband remarries after the death of his first wife. The children of the second wife, irrespective of the validity of the second marriage, are entitled to inherit as per Hindu Succession Act, 1956. They are considered legitimate as per Section 16 of the said Act and they fall within the category of Class I heirs. So, the children of the second wife can inherit the property equally along with the children of the first wife. Once a suit for partition of property is filed in the Civil Court, order of partition would resolve the issue. So reach out to an Advocate for guidance and steps.
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A.Dear client,
You along with your siblings have all the rights over the property. You can file a partition suit that would automatically compel her to leave the house. Else, you can issue a legal notice to her with the help of a lawyer
You along with your siblings have all the rights over the property. You can file a partition suit that would automatically compel her to leave the house. Else, you can issue a legal notice to her with the help of a lawyer
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A.Dear Sir,
Get issue a legal notice to sell the property or threaten to file a suit for partition thus your issue may be solved immediately.
Get issue a legal notice to sell the property or threaten to file a suit for partition thus your issue may be solved immediately.
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