Information required on rules of sucession

1. Is the share of each is determined based on the generation / number of current persons in the family. i.e to say if 9 brothers and sisters have around 40 children will there be 40 divisions or will it be 9 division first and then respective shares to their own childrens.

If it was ancestral property, it shall have it to be partitioned and divided into 9 equal shares subsequent to which successors in line i.e., the coparceners of the coparceners will be entitled to their respective shares out of the shares of their respective fathers. 

2. Do all the children need to be present at the time of division of property to give their consent..Some of the brothers are insiting that all of them need to be present. They are insiting this only with a view to disrupt the division of property as it will be difficult to assembel evey one together on multiple occassions. If that is the case is there a way out?

All the individuals who are entitled to a right of their legitimate share in the property are required to sign the papers while claiming their shares, however if somebody desires to relinquish their rights and execute a release deed in other's favor they can do it after which they need not be present there.

3. One of the daughter in laws is a widow and has got married outside of family again, will she also be entitled to the share in property

Once remarried, her share in the undivided property stands extinguished.

 The details of rules and sections are to be read by yourself from the respective law books.

Thank you so much for the reply.

Just wanted to check on one more aspect.

On my second question below - Only 9 brothers and sisters need to be present or their children also need to be present who will have a share in their parents share.

In case of deceased brother / sisters is it fine that only their wifes are present or their children also need to be present.

Regards and Thanks in advance

1. Is the share of each is determined based on the generation / number of current persons in the family. i.e to say if 9 brothers and sisters have around 40 children will there be 40 divisions or will it be 9 division first and then respective shares to their own childrens.

If it was ancestral property, it shall have it to be partitioned and divided into 9 equal shares subsequent to which successors in line i.e., the coparceners of the coparceners will be entitled to their respective shares out of the shares of their respective fathers.

2. Do all the children need to be present at the time of division of property to give their consent..Some of the brothers are insiting that all of them need to be present. They are insiting this only with a view to disrupt the division of property as it will be difficult to assembel evey one together on multiple occassions. If that is the case is there a way out?

All the individuals who are entitled to a right of their legitimate share in the property are required to sign the papers while claiming their shares, however if somebody desires to relinquish their rights and execute a release deed in other's favor they can do it after which they need not be present there.

3. One of the daughter in laws is a widow and has got married outside of family again, will she also be entitled to the share in property

Once remarried, her share in the undivided property stands extinguished.

The details of rules and sections are to be read by yourself from the respective law books.

On my second question below - Only 9 brothers and sisters need to be present or their children also need to be present who will have a share in their parents share.

The children of the 9 brothers are also entitled to a share in the ancestral properties out of the shares of their fathers and they need to be accompanied to the registrar office for signing the papers or they may relinquish their rights by executing a release deed in favor of whomever they desire to;

In case of deceased brother / sisters is it fine that only their wifes are present or their children also need to be present.

Her the children are also to be present and the above answer suits here also.