Grandfathers property

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
Dear Expert,

My father has two wifes. Now my father is no more. First wife has two daughter and two sons. all are married.

My mother has one daughter and one son.i.e. me.

My father has given Agricultural land inherited from grandfather to first wifes son.

I got only a plot of land which is purchased by my father during his service.

Pension is also in the name of my step mother. i.e. first wife.

Can the son of second wife claim share of agriculture land inherited to my father from my grandfather?

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R.Ramachandran (Expert) 09 September 2011
If the property in the hands of your grand father was "ancestral", then you cannot claim any share.

On the contrary, if the property in the hands of your grand father was his self-acquired property, and was inherited by your father, then you will get a share as a legal heir in your father's said inherited property.

Raj Kumar Makkad (Expert) 09 September 2011
If you are HIndu then the second marriage of your father during life-time of his first wife is illegal and you being son born out of this second marriage are not entitled to inherit the ancestral properties left by your father but if facts are otherwise then your right rests to claim and you be aware that your step brother is also entitled to claim in your plot.

All these replies apply only if the aforesaid arrangement was made by your father by way of a will but if he had gifted these properties to you both during his life time then nothing can be done.

Advocate Bhartesh goyal (Expert) 10 September 2011
I do agree with experts.

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