share in the property
venkatesh Rao
(Querist) 26 June 2011
This query is : Resolved
Esteemed experts,
My father had 2 wives. I am last daughter of 2nd wife . My father died in 2000. My mother died last year. Ist wife is alive with her only son. II wife has 2 sons and 3 daughters.
My father had self-acquired properties. During his life time, in 1996, I purchased a site from my father(His self-acquired) by paying market rate. Later I sold the site and purchased another site out of the sale proceeds.
My father died intestate. Ist wife and her son claim all the remaining property as their own and that we don’t have a share. Also they claim half of the sale proceeds of the site sold by me.
1. Don’t we the children of 2nd wife have a share in the remaining property?
2. Can they claim the share in the sale proceeds of the site?
prabhakar singh
(Expert) 26 June 2011
1. Don’t we the children of 2nd wife have a share in the remaining property?
ans;;Ist wife and her son as well as 2 sons and 3 daughters of 2nd wife all will inherit your fathers'property left on his death excluding that one bought and sold by you.
2. Can they claim the share in the sale proceeds of the site?
ans;;no,they Can not claim .
Ghanshyam Mishra
(Expert) 26 June 2011
you have all the rights in the properties left by your father.File a suit 4 partition .Ghanshyam Mishra Ad. 9899794006
R.Ramachandran
(Expert) 26 June 2011
I completely agree with the views of Mr. Prabkahar.
kranthi ramana
(Expert) 27 June 2011
previously before amending the family laws in our country only the children's of first wife had share in the properties of their father. But, the scenario has changed at present and all the children's whether of
( first wife or second wife) gets equal shares in the property of their father.
once you have purchased the property by way sale deed it becomes totally yours and no one can claim share in it has inheritance
