Ancestral property

Dear Client,
The Hindu Marriage Act, 1955, states that both parties should not have a living spouse at the time of the second marriage. The act specifies that at the time of the second marriage, none of the parties should be legally married, and both parties must end their previous marriage to remarry. Accordingly, if the second marriage is valid, i.e., the husband gets married after the demise of the first wife or after divorcing the first wife, then the second wife has the same rights as the first wife over the husband’s property. This is valid for both the husband’s self-acquired as well as ancestral property. Therefore, the property rights of the second wife are dependent on the legal status of her marriage. So, your stepmother has the right to the property left by your deceased father.

Dear client,
According to Hindu family law, if your father passed away intestate (without a will) and the property in question was inherited from his grandfather, it is classified as ancestral property. Such property remains within the family lineage and is passed on to the descendants, meaning your step-mother would have no claim to it. The ancestral property would be inherited by your father's biological children.

However, if the property was acquired by your father through his own efforts (self-acquired property), then your step-mother would be entitled to a share under the Hindu Succession Act, 1956. In this case, the property would be divided among the legal heirs, which would include both the step-mother and the biological children, along with potentially other relatives, based on the specific situation. For a detailed and accurate understanding, seeking advice from a property law specialist would be beneficial. Hope our prompt support in this matter would be greatly appreciated.