The Right of a Step-Son to Inherit Property
Nov 15, 2018 Real Estate News
It is essential to know about the Hindu Succession Act (HSA) when it is a question of property inheritance for complex relationships. What are the rights of your step-son when it comes to your property inheritance?
According to the recent verdict of the Bombay High Court, on father’s demiseintestate, which means without a will, the step-son will not have any rights to claim the property.
Under the clause of 15B in Section 2 of the Income Tax Act, 1961, it states “child” which could mean even an adopted child or a step-child. According to the HSA, the applicant must prove the succession as a relative as specified in the Class-I. If there is an absence of any Class-I heirs, he/she could be classified as Class-II heir. A son is classified as Class I heir but not a step-son. While “son” can be used to refer to a grandson as well, as per the HSA, “son” means a male child born after marriage.
In a case where if a deceased wife has a son from her first husband and the property inheritance for the second husband is in question, then his step-son can inherit if he does not have any rightful heir of the property but his wife. The Court can agree to this settlement even if a nephew or a grand-nephew of the second husband are still living.
As per the HSA, if a male Hindu dies intestate the inheritance of his property will be as follows:
According to the recent verdict of the Bombay High Court, on father’s demiseintestate, which means without a will, the step-son will not have any rights to claim the property.
Under the clause of 15B in Section 2 of the Income Tax Act, 1961, it states “child” which could mean even an adopted child or a step-child. According to the HSA, the applicant must prove the succession as a relative as specified in the Class-I. If there is an absence of any Class-I heirs, he/she could be classified as Class-II heir. A son is classified as Class I heir but not a step-son. While “son” can be used to refer to a grandson as well, as per the HSA, “son” means a male child born after marriage.
Cases where a Step-son can inherit
In a case where if a deceased wife has a son from her first husband and the property inheritance for the second husband is in question, then his step-son can inherit if he does not have any rightful heir of the property but his wife. The Court can agree to this settlement even if a nephew or a grand-nephew of the second husband are still living.
You must know about the legal heirs.
As per the HSA, if a male Hindu dies intestate the inheritance of his property will be as follows:
- Class-I Heirs: They are The son, daughter, the widow, deceased mother, son and daughter of a pre-deceased son, son and daughter of a pre-deceased daughter, widow of a pre-deceased son, son and daughter of a pre-deceased son of a pre-deceased son and the widow of a pre-deceased son of a pre-deceased son.
- Class-II Heirs: If there is no Class-I heir, then the Class-II heirs get the rights to claim. The list includes father, son’s daughter’s son and daughter, brother and sister; daughter’s son’s son and daughter, and daughter’s daughter’s son and daughter; brother’s son and daughter, sister’s son and daughter, and father’s father and mother; father’s widow and brother’s widow; father’s brother and sister, mother’s father and mother, mother’s brother and sister(brother or sister reference does not include any references to a brother or sister by uterine blood.)
- In case there is no heir of both classes, then the agnates (who are relatives of the father’s side) of the deceased can inherit. In fact, there is no agnate, then the cognates (relatives of the mother’s side) of the dead can inherit.
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