Hindu ancestral property division
8 months ago
I am native of Bihar and Hindu. My father who inherited property at village, who died, entered into 2 marriages. Three children (myself, and 2 sisters - all major) are from his first marriage (my mother, died too). My step-mother and and his son (major) are from second marriage. In summary, 3 children from first marriage and my step mother and her son are alive.
How the ancestral property shall be divided among the family members as per Succession Act and other Acts as applicable in Bihar for Hindu family?
Under the Hindu Succession Act 1956, after the death of the father, Son, daughter, stepmother, and step-siblings are the legitimate children of the individual. They are entitled to an equal share as coparceners in the ancestral property. The stepmother also has the right to claim for share in her husband's property. In case if the person dies intestate, the property share of the individual can be claimed by the persons under the Act as class-I heirs are Son & Daughter, Widow wife, Widow daughter, Stepmother & stepsiblings, The window of a predeceased son, Thus, these are the description of blood relations that people can ask for the rightful share from the father’s property. So, the property of your deceased father shall be shared equally by all surviving coparceners including your stepmother.
Anonymous
Replied 8 months ago
Thanks for the insight. Hope any further Act or Rule (central or State) are aligned to the Act referred.
I understand that the property to be divided equally among my step mother and all siblings from marriages of predeceased father are legal heir. This is applicable to Hindu family in Bihar.
Thanks a lot for the advice.
As per the Hindu Succession Act, the sons and daughters are considered as class 1 heirs. Hence you, your father's 3 children and your step brother shall have an equal share in the property
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