Legal right of daughters born to second different fathers.
jagannathan
(Querist) 14 January 2015
This query is : Resolved
A woman married a man and got a daughter through him. Thereafter,she married a second man after the demise of the first husband without taking care of the daughter born to first husband. A female child is born through the second husband. Now she gets a residential land assignment from the Government and dies intestate. In such an event, Whether the daughter born to the first husband can stake claim in the property from the daughter born the second husband.
T. Kalaiselvan, Advocate 
(Expert) 14 January 2015
The first daughter being a legal heir of her mother can very well claim a right of share in the intestate properties of her mother.
Isaac Gabriel
(Expert) 14 January 2015
Legal heirs descend from male genetics.As such the daughter of the first husband cannot have any stake in the property.
Sri Vijayan.A
(Expert) 15 January 2015
Clarification needed for the following passage.
"A female child is born through the second husband. Now she gets a residential land assignment from the Government and dies intestate.:
She gets assignment - Who is that she?
If it is the daughter through the second husband, the first daughter cannot get any share.
If it is the mother, the first daughter can get her share from her mother.
Both of them are daughters of the mother and are legitimate. Hence both of them shall get half share.
Rajendra K Goyal
(Expert) 15 January 2015
Agree with the advise of expert Sri Vijayan.A.
M V Gupta
(Expert) 16 January 2015
If the assignment of the land from the Govt is in favor of the mother,both the daughters have equal rights.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Both the daughters belong to single mother though their fathers are different, now the intestate property of that mother is in question, which shall devolve equally on both the daughters of that mother being legal heirs of her.
