Legal Question in Real Estate Law in India

My mother died when I was in class three post which my father remarried.However the marriage was neither certified nor registered.It was made according to the local village customs in the eye witness of the village elders. My father used to work as a teacher in an govt. high school.He died in the year 2002 due to health problems.I was studying intermediate when he died.My grandmother, my step mother and me were the only heirs at that point of time.Due to certain reason all the three parties could not come to a coalition to apply for the legal heir certificate.It was almost 10 years and none of us has neither applied nor received any benefit from father such as PF , pension etc.My grandmother had passed away last year.I had inherited the property of my grandfather through my father post my grandmother's death.Now my step mother is claiming for the property.Under what rights would she able to apply for my father's property which he inherited through his father.Please note my stepmother do not have any children.Now she is not agreeing for the legal heir to be sanctioned on my name.The only evidence she have is a ration card which says - w/o of so & so and a few marriage photographs,eye witnesses from our village at that point of time (i.e 10 years back).Our motto is not to deprive her of any benefits of my father.We only want that she should not inherit my father's property. Please advise what would be the scenario if I apply for a legal heir without mentioning about my step mother.

Asked on 2/27/13, 7:24 am

4 Answers from Attorneys

Setu Niket Curare Legal

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Since she is second wife of your father, she has equal rights over the properties and money. She has to be made party in the succession proceedings.

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Setu Niket

Advocate

Delhi High Court

+91-9873109672

Answered on 2/27/13, 9:42 am

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Sanjay Kalra Sanjay Kalra & Associates

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Your step mother is also a legal heir of your father property and whatever has devolved upon your father and subsequently on you, she too has a share in the same.............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World. .

Answered on 2/27/13, 10:42 pm

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