Division of property
Jitander Khatter
(Querist) 03 October 2012
This query is : Resolved
My father died in May 2004 without a will.At the time of death he had following family members
1 wife
2 wife & a son & daughter of a son who passed away in 1996 from his first wife who died in 1948 ie merriage with the second wife.
3. Unmarried son who died in Aug 2004
4. Unmarried daughter
5. another son
please let me know how the property shall be distrbuted. whether the property which shall pass on to the wife of the deceased shall be divided among the son and daughter of second wife on her death in 2007in terms of supreme court deciision that property shall be distributed among the children of the wife and not the children of husband. if possible also quote the citation of the deceased
Bhawani Mahapatra
(Expert) 04 October 2012
Dear Jitander
As per your narration the property shall be devolve on the following manner:
(i) 50% of the property shall be devolve to widow+son+daughter of the pre-deceased son from the first wife of your father.
(ii) balance 50% shall be devolve to the son & daughter from the 2nd wife of your father.
