Partition for ancestors property

Nirmal (Querist) 02 August 2011 This query is : Resolved
One of my uncle got 2.20 acre of land as an ancestor property from his father (even he got same from ancestor). Now my Uncle passed away a year ago. In 1960 he was married to my aunty (first wife), she passed way after 6 years; she has one daughter (elder daughter of my uncle). After my aunt’s expiry, he married to another women, she has two daughters now.
Now second wife and their two daughters are not giving partition to my uncle elder daughter (first wife daughter). We would like to know what will be the share given to my uncle elder daughter if we file a petition in civil court.

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R.Ramachandran (Expert) 02 August 2011
Each surviving legal heir will get 1/4th share. Thus, the daughter of the first wife of your uncle will get 1/4th share in the property. She has to file a suit for partition.

Nirmal (Querist) 02 August 2011
Thanks for reply sir. If second wife expire. Will first wife daughter get share in 1/4th of share given to second wife. second wife might do favor to her 2 daughter.

R.Ramachandran (Expert) 02 August 2011
If second wife dies, the property will go by way if inheritance amongst her legal heirs. Only her biological daughters are the legal heirs. You are not. Both you and your step sisters would be legal heirs in case your father had died.

prabhakar singh (Expert) 02 August 2011
The answer of Mr.R.Ramachandran is correct.I agree with.

Raj Kumar Makkad (Expert) 04 August 2011
I do agree with Ramachandran.

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