Share in property
venkatesh Rao
(Querist) 22 November 2011
This query is : Resolved
Respected experts,
1. Mr.V had two wives K (first) and S (Second)
2. Mr. V begotten one son from K. K and son alive.
3. Mr. V begotten 2 sons and three daughters from S.
4. Mr. V is no died intestate; all his properties are self acquired.
5. Mr. S second wife in also no more.
6. K (first wife) claims half share in all the properties and also a share to her son in rest of the
properties.
The questions are:
1. Whether claim of the first wife is legally correct?
2. Whether all the children have equal share?
3. If not, what is the share they get?
4. Is the sharing shown below is legal and enforceable?
5. Can grand children also claim share?
v
First wife 1/8
son 1/8
Second wife 1/8
Son 1/8
Daughter 1/8
Son 1/8
Daughter 1/8
son 1/8

Note: 1/8 share of second wife is equally distributable Among her five children.
Raj Kumar Makkad
(Expert) 22 November 2011
1. No.
2. Yes.
3. NA
4. No.
5. No.
Second marriage is illegal subsisting first marriage so second wife shall get no share whereas first wife, her sole son and 5 children born out of illegal marriage (illegitimate children of deceased) shall get 1/7 share each in the self acquired properties left by deceased Hindu male.
Sailesh Kumar Shah
(Expert) 25 November 2011
No room left to add more by Shri Raj Kumar Makkad.
