father death

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved
Currently my father was expired. his two wife first wife is legaly married & stay in last 25 years in father-in-law home & my father & his second wife stay another. am only one daughter my legaly mother, second wife is four children...father have no property made, my grandfather home is only property...let me know who will get the propert n how?

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Devajyoti Barman (Expert) 26 December 2010
The property of your grandfather would be equally divided amongst your father first wife and children from both the marriages proided your father is the only legal heir of your grandfather.

SAANJAAY GUPTAA (Expert) 26 December 2010
yes agree with Mr.Barman

Kirti Kar Tripathi (Expert) 26 December 2010
I do not agree with Mr. Barman to the extent of his advice that children of second wife shall be entitled for share in the ancestral property. From the query, it is apparent that second marriage is illegal as only first wife is legally married. It is not the self acquired property of father but ancestral. Since the children from second marriage will not be treated as legitimate children of father under the law and thus they are not coparceners as such they are not entitle share in ancestral property. The first wife and her son only will have share in the said home, which belongs to the grandfather

adv. rajeev ( rajoo ) (Expert) 26 December 2010
You and your mother only get share in the share of your father in the ancestral property

R.Ramachandran (Expert) 26 December 2010
Mr. Kirti Kar is absolutely right. In the ancestral property, the second wife's children cannot claim any right.
However, in the self-acquired property (if any) of the deceased father, even the children of the second wife would have equal share.

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