Can A Step-Son Inherit Property?

How does the Hindu Succession Act (HSA) pan out when it comes to complex relationships? Can your step-son inherit your property? A recent verdict established that a step-son is not ‘son’ under to the HSA. The Bombay High Court has ruled that in case the father dies intestate, that is without a will, his step-son will have no right to claim the property. But in some cases, step-son could.

The case brought forth involved ancestral property and its partition where one of the coparceners had passed away. His step-son claimed that previously when the case was brought on record, he too should have been brought given that he is one of the legal heirs. The step-son claimed 1/9th of the share of the property and a stay of redevelopment of three buildings which are part of the suit property.

However, the Court observed that the step-son had gone by the definition of “child” under clause 15B of Section 2 of the Income Tax Act, 1961. Under this definition, “child” could mean adopted child or step-child as well. As per the HSA, an applicant must prove his succession, that is, he must be a relative as specified in Class-I. In the absence of any Class-I heris, he/she could be a Class-II heir. A son is a Class I heir but it does not include step-son (the son of the other parent with another partner, deceased or otherwise) . And while “son” may be used to refer to a grandson, too, according to the HSA, “son” means a male child born after marriage only and cannot be mistaken for its reference in the Income Tax Act.

Step-son can inherit in certain cases

In the Rama Ananda Patil versus Appa Bhima Redekar case, the step-son was allowed to inherit the father’s property. However, in this case the events were very different. The applicant was the son of a deceased Hindu woman’s issue with her first husband.

The property held by the deceased woman was her second husband’s who had no other heirs but his wife. Now, after her death, the step-son of the second husband could claim his property and the Court did agree to this settlement even though a nephew and a grand-nephew of the second husband were still living.

Know the legal heirs

According to the HSA, the property of a male Hindu dying intestate shall devolve upon:

First, upon the heirs, being the relatives specified in class I of the Schedule which are Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a predeceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a predeceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Second, if there is no Class-I heir, then upon the Class-II heirs which includes I. Father.

(1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.  

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

(1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

Father’s father; father’s mother.

 VI.. Father’s widow; brother’s widow.

 VII. Father’s brother; father’s sister.

 VIII. Mother’s father; mother’s mother.

Mother’s brother; mother’s sister.

(In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.)

Third, if there is no heir of any of the two classes, then upon the agnates (relatives on the father’s side) of the deceased; and lastly, if there is no agnate, then upon the cognates (relatives on the mother’s side) of the deceased.