Legal Question in Family Law in India
Succession Act
If a male dies intestate leaving behind a widow and remarried mother. The re-married mother is also Class I heir and inherits equal shares in property.
Now, can this re-married mother give this inherited property to her son from remarriage, means the property from son of first husband to the son of second husband?
Is there any section of Hindu Succession act which objects such transfer of property from the children of first husband to the children of second husband? Can she ignore the real siblings of deceased ?
2 Answers from Attorneys
Re: Succession Act
She can dispose of her property in the way she likes.
Re: Succession Act
yes, she can. it is her share and she may dispose it of the way she likes.
the sons of the deceased should be contended with their share and should not try to interfere in the share of mother is she is intending to give her share to their step brothers/sister.
The 'real siblings' are not being ignored. they also get their share.