Neeraj Gandhi
Asked August 19, 2016

Right of step-mother

  • 1 Answer
  • 779 Views

Dear Veterans, My father held a agricultural land in Jharkhand. He got married again after my mother's death and I have a step brother. My father passed away in 2000 and the land has been getting cultivated by a partner farmer. Now, my step mother wants to get the land registered in her name. What kind of rights will I have in this property post registration? Can she directly register her name without my NOC? Will I be dependent on her discretion to get an equal share? I am very worried, as we 3 don't have an average affectionate relationship and she lives with my step brother. I am married and not financially strong. Kindly help me at the earliest to get a fair idea about my upcoming deeds. Registration is scheduled sometime in last of Aug'16. Thanks in advance. Neeraj

Answer 1

Dear Neeraj,

I am first replying your querry.  You have rights over fathers property unless property is acquired from income of your father and father has made will in which he has not bequeathed you his property.

remember, you have every right in ancestrol property and your father's will can not take away your right.

legally, she requires your NOC . You have not to dependent on her discretion. 

You have to (1) make an application of mutation of rights in land record office stating above true facts, enclosing copies of all proofs in your favour proving that you are son of the person shown in land records .(2) Inform the above facts to all concerned persons. (3) raise objection in writing before registering authority mentioning therein that you have approached concerned land record office, (4) raise Demand of your share in income of agriculture land from partner farmer and also from your step mother. (5) wait for some reasonable time of few weeks (5) after getting your name recorded in land records, involve some common relatives, friends, neighbours for mediation. (6) if you fail in mediation, try further attempts. Keep in mind that maintaining relations are better than a dispute (7)  after failing in mediation process, don't delay in meeting lawyer and filing case for partition in father's property. (8) remember that while fighting for your rights, don't hurt your step mother and step brother by words. Greet them and face them with love and affection inspite of their disown/ disrespect / attitute.

In case, you feel the above advice fruitful to you, then,do voluntarily  help worth Rs. 500/=  or more to some poor student / patient in your vicinity in your father’s name before 1st December, 2016. 

Agree Comment 0 Agrees almost 4 years ago

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