Property sharing
Nitin Divate
(Querist) 14 May 2013
This query is : Resolved
My father having two wives, one wives was died and having one son.and after first wives died my father married with my mother having two sons including myself . how will property share will be among brother. we are now joint family and 40 acres land from my grandfather. another 12 acre land purchase my father and having in the name of first son.
thus our total land is 52 acres.
my question is...
1) Property will equally share among three brother ?
2) Half property goes to first wives son and half to second wives two son.
3)what about father's self acquired property but in the name of first wives son. is it will equally share? can he dines same
Kundan Kr. Singh
(Expert) 15 May 2013
yes property will equally share in ancestral property.
Fathers self acquired property, you can not claim as a matter of right.
Advocate Ravinder
(Expert) 19 May 2013
I agree with Kundan Kr.Singh, subject to that you are hindus by religion.
The ancestral properties will be decided equally between your father, second wife, and all children.
The distribution of the self acquired property will be depending upon the willness of your father, though it is lying in the name of first son.
ashutosh mishra
(Expert) 19 May 2013
It is not clear in which state you are located.In state of U.P. not the personal law but U.P.Z.A. law applies with regard to intestate successions of agri lands.
If you are Mitakshrain Hindu and governed by Hindu Succession Act then my answers to your query is that in 40 acres inherited from grandfather involves coparcenary of 4 persons,they are your father,his son from first wife,and you two brothers,each of you having right to ask for partition for a share of 1/4.
The 12 acres land purchased by your father in the name of first son shall be treated his personal property unless he agrees to
treat it joint with all of you.
Advocate Ravinder
(Expert) 19 May 2013
I agree with ashutosh that relating to 12 acres. But as far as 40 acres land is concerned i differ. Even the second wife will get a share, because the second marriage was performed after the death of first wife, as such the second wife will become legally wedded wife.
ashutosh mishra
(Expert) 19 May 2013
Mr.Ravinder P. kindly clear the law you apply and why? unless the father is dead you are not right even they are mitaksharain .
Raj Kumar Makkad
(Expert) 19 May 2013
The querist seems sleeping otherwise he would have cleared whether his father is alive or not.
Anyway, if the father of the querist is alive then the advice of Ashutosh is accurate otherwise Ravinder is correct.
Nitin Divate
(Querist) 20 May 2013
Thank for all of you.
I am here clear that my father is alive.
All 40 acres from my grand father( anesister property) . Can we divided this property in 5 equal part- ie my father,mother and 3 brother,
Second one 12 acre propriety is purchased by my father but in the name of my first brother.but now my brother is deny to divid this property, can my father right to distribute this property as per joint family sepration deed,
Advocate Ravinder
(Expert) 20 May 2013
I agree with Makkad sir and ashutosh.
In reply to the querry of author regarding 12 acres property: Your father has to file a civil suit for cancellation of sale deed and recovery of possession against his first son/brother.
Your querry is not clear, in the first querry you said he purchased the property in the name of first son, but in the last querry you said it was purchased in the name of brother of your father.
Nitin Divate
(Querist) 20 May 2013
Ok
I clear that 12 acres land purchase my father but in tne name of my elder brother not my father brother.
we are not separated from joint family. discussion is going on for separation. my elder is not interesting to divid this 12 acre land saying property is his name.
Nitin Divate
(Querist) 14 September 2015
y father having two wives, one wives was died and having one son.and after first wives died my father married with my mother having two sons including myself . how will property share will be among brother. we are now joint family and 40 acres land from my grandfather. another 12 acre land purchase my father and having in the name of first son.
thus our total land is 52 acres.
my question is...
1) Property will equally share among three brother ?
2) Half property goes to first wives son and half to second wives two son.
3)what about father's self acquired property but in the name of first wives son. is it will equally share? can he dines same
Rajendra K Goyal
(Expert) 10 May 2016
Repeated query:
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