Can I claim share in the property of my step-mother?


The step child has no share specified in case of death intestate. However, the step mother can bequest the property to her step child through a will.
According to Section 15 of the Hindu Succession Act, 1956, which says, “”(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,_ (a) firstly, to the sons and daughters along with sons and daughters of the pre- deceased son and daughters, then to the husbands and then to the mother and the father post which the heirs of the father and if none of the above present to the mother’s heir.
If the woman acquires the property from the husband or her in- laws, then in the absence of the children the property shall be passed on to the husband or the heirs of the husband rather than as provided in Section 15(1)

If your father was alive and in case where your stepmother dies intestate, you could’ve claimed your share in her property as you are the legal heir of her husband and she has no children of her own. But as your father is not alive, you have no share in the property of your step-mother.

Reference:  – – AHG347 – 202100585 – 187 – 168- 20210023202100213372


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