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    19203022's Avatar
    19203022 Posts: 1, Reputation: 1
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    #1

    Jan 1, 2014, 08:11 AM
    Do step son can claim on step mother property
    My mother is 2nd wife of my father. We are 2 sons. 1st wife had 1 son. My mother have property in her name and also we reside is in my mothers name. My father have another property also ( Mumbai and Gujarat). Whether my step brother claim on my mothers property?
    What are his rights?
    If my mother make will then can he challenge?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 1, 2014, 08:19 AM
    Generally a step child has no claim on a step parent's estate unless the step parent adopts the step child. But I'm not familiar with the laws in your country. So I would strongly suggest consulting a local attorney and have your mother make a will. Any will can be challenged, but if prepared by an attorney the challenge is less likely to succeed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 1, 2014, 08:30 AM
    First you did not say where you live.

    Also is child adopted ? ( does not sound like it)

    The step parent can list the other child in the will, and then they will have a claim. But normally no, a step child has no legal rights to property.

    They may try, so you may have to fight it out in court
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 2, 2014, 10:53 AM
    Fr_Chuck, Mumbai and (I assume) Gujarat are in India, so that is probably where OP is.

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