for partition of property
Querist :
Anonymous
(Querist) 05 August 2011
This query is : Resolved
A has two wives,first wife B died after one child c, then after A married with d, and by d five children. now both wives are died only A husband and both wives children are lives. but the A is not give any part of property to his first wife B, s child they are now become major. what is leagle remady for those.
M/s. Y-not legal services
(Expert) 05 August 2011
You didn't stated anything about the history of the properties. I mean its ancestral or self acquired property.. If its ancestral property mean as a legal heirs every one will get equal share. Otherwise if its self acquired property of A mean after his demise property will go as per his WILL.
M/s. Y-not legal services
(Expert) 05 August 2011
If he died without any arrangements mean there also the remaining childrens will get equal share.
Advocate Rajkumarlaxman
(Expert) 06 August 2011
both the wive's children will get equal shares in the property, if died intestate.
R.Ramachandran
(Expert) 06 August 2011
I agree with the views of all the experts here.
To make things simple for you:
First you have to ascertain whether the property that you are talking about is the self-earned property of your father, or the property came to your father from his father/grandfather etc.
If it is a self-acquired property of your father, then DURING THE LIFE TIME OF YOUR FATHER, no one, including the children of the second wife, can ask for any share in the property.
The question of getting share in the said property would arise only when your father dies and that too when he dies without making any WILL.
If he makes a WILL and dies then the property will go the person(s) named in the WILL according to the wishes of your father.
If he dies without leaving a WILL, then in that event, all his legal heirs (in this case the children of both through the first and second wife) will be entitled to EQUAL Share in the property.
If it is an ANCESTRAL PROPERTY (whether it is ancestral or not has to be first decided based on the facts and documents available with you), then all the children have a right to claim share, even during the LIFE TIME of your father. This is called asking 'partition' of the property. Here again, all including your father will have equal share. If it is an ancestral property and if your father does not partition the property even when you demand it, then you have to approach the Court and file a suit for partition.
K.S.Srinivas
(Expert) 06 August 2011
I agree with the suggestion of Mr.Ramachandran.
prabhakar singh
(Expert) 06 August 2011
Mr. Ramchandran is right but expert Tom also opined aptly and in a very appreciable manner indeed.Nice Tom!keep it up.
girish shringi
(Expert) 06 August 2011
For the best I suggest you need not to worry about A's two wives cauz when B died then A married to c,so there is not necessary to mention two this is first the second even if A married to two wives at the same point of time then also the child of the another wife will have the share as coparcener.
Only you have to check what my aforesaid experts have said.
