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When she was two years old, her mother died. Subsequently her father married another woman. They have two children, one son and another daughter. Whenever the lady (now 40 years old) questions about her share to the property, her father evades and her step mother begins to scold her. My question is: does the only surviving child( duaghter) of first marriage have any right to propery of her father, and if so, how much?

2007-07-14 14:26:57 · 7 answers · asked by Anonymous in Politics & Government Law & Ethics

This family lives in India.

2007-07-14 14:50:15 · update #1

7 answers

She has the same right as other children of the father. In other words she has the same right as her step brother and sister. But it has to be seen whether father has a will. As long as he is alive, she can ask on the basis of humanitarian ground. She can claim only after her father has died, without writing a will. Even in the event he has written a will, it has to be seen whether he has made reference to any point which dilutes the property.

2007-07-15 14:03:59 · answer #1 · answered by Ishan26 7 · 0 0

Any child doesn't have any share in the self acquired property of his or her father till he is alive & cannot ask for any share during the lifetime of the father. In case of Indian Hindu according to the provisions of the Hindu Succession Act, 1956, if the father dies intestate that without leaving any valid will all the children & the surviving wife have share as the class 1 heir in the property of the deceased Hindu father. In this case this daughter of the wife will also get her equal share amongst all the children in the property of her father if the father doesn't make any will of his property & debar her from getting any share out of the said property.

2007-07-14 22:28:39 · answer #2 · answered by vijay m Indian Lawyer 7 · 1 0

If you are talking about a family in the United States, then that would depend on the property laws in their state. It has nothing to do with religion. You have read the First Amendment to the United States Constitution, yes?

2007-07-14 21:34:43 · answer #3 · answered by Anonymous · 1 0

If you're living in India or some other nation, you're out of liuck most likely. thats why everybody loves America! in this country yes you would have equal rights including step children under the "Family Law Codes"

check with a family law attorney to be sure.

2007-07-14 21:38:38 · answer #4 · answered by bigdog773 2 · 0 0

In the United States, it all depends on whether he has a will. If he has a will, he can leave the property to whomever he wants. If not, state and federal laws apply. If his wife is a co-owner of his property, then she will automatically get it when he dies because she owns it. She can then do with it as she pleases, like will it all to her own children.

This has nothing to do with religion.

2007-07-14 21:40:36 · answer #5 · answered by jellybeanchick 7 · 0 0

Anything is possible for a Lady in the Indian courts!! Thankx to the Criminal Politicians who run the Govt of India and the curropt Judicary they are soo curropt that they dare not go against a woman due to fear of their curroption being exposed

2007-07-15 02:08:52 · answer #6 · answered by Anonymous · 0 0

If your father's property is self earned then you have no right to claim any share until your father himself gives you or he dies without will or any kind of elimination during his life time.
if the property is ancestral then you will get 25% by right if you were married after 1994 If married erlier very little share and that too after death of your parents.

2007-07-14 22:46:58 · answer #7 · answered by Shivaputra S 1 · 0 0

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