partition of property
vijay singh Mob.No 9621707070
(Querist) 11 February 2011
This query is : Resolved
Res Sir/Madam
"A"(Hindu) has 4 sons .The first three sons as B,C,D and last son as E is step son i.e.The mother of E is M that is IInd wife of A.
A has no more,the rest family members are B,C,D,E AND mother M.
A has 6 bigha land(farming/krishi) of ancestral property and also he had buy 14 bigha land(farming/krishi) in his own name and further buy two houses and 2 bigha land(farming/krishi) for his wife's name as registered sale deed to M.
I know briefly Sir, How the partition has been done among all of them?
Dayananda Gowda
(Expert) 11 February 2011
It is clear that 'A' died intestate. B C D & E are entitled to 1/4th share each. As per Hindu succession Act, the sons of 2nd wife is not entitled equal share in ancestral properties. He has entitled to get share in self acquired properties of 'A' and also get a share of A 1/4th share A's share in ancestral properties.
But B C D and E are not entitled to get share in property standing in the name of M. because the property standing in the name of female Hindu is considered as individual property even it is purchased out of joint family funds.
adv. rajeev ( rajoo )
(Expert) 12 February 2011
What's about the first wife, whether she was no more when A got married to second wife.
If so all are entittle to get equal share in the properties.
If it is not so then B C D will get equal share in the ancestral property along with their mother. Second wife cannot claim share in the property and step son is entittle to claim share in the A's self acquired property but not in the ancestral.
Kirti Kar Tripathi
(Expert) 12 February 2011
Yes, I agree with Mr.Rajoo. If second marriage is legal all the heirs of deceased are entitled to equal shares if it is not, the second wife will not entitle for any share.the share of step son will depend on nature of property, if is ancestral, he is barred from claiming. However, if property is self acquired, he has equal right with other legal heirs.
