blr 13 July 2016

Partitioning property btw first wife and second wife kids

Here is my query.

Grandfather GF marries Grandmother GM1 in 1950’s and they gave birth to one boy GM1B1. Few years after giving birth to GM1B1, Grandmother GM1’s health deteriorates and she passes away.

GF later marries Grandmother GM2 (in 1950s).

Both GF and GM2 give birth to 4 kids – 3 boys and 1 one girl baby. GM2B1, GM2B2, GM2B3 and GM2G1.

GF did buy properties at various locations in Karnataka while he was alive. GF, GM1, and GM2 are NO more alive.

There is NO WILL from GF.

How will these properties get partitioned amongst GM1B1, GM2B1, GM2B2, GM2B3 and GM2G1? Will all the five of them get equal share OR will GM1B1 get treated differently? GF and his entire family are Christians.

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7 Replies

Kumar Doab (FIN) 13 July 2016

Sucession is decided by the applicable personal law.

Deceased owner was Christian.

Refer to Indian Succession Act.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 July 2016

Heirs of a Hindu Male

The heirs of Hindu male fall under the following categories:-
1) Class I heirs,
2) Class II heirs,
3) Agnates,
4) Cognates, and
5) Government.

Class I heirs:-

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

Some new heirs are added by Hindu Succession (Amendment) Act, 2005. They are:

i. Son of a predeceased daughter of a predeceased daughter,
ii. Daughter of a predeceased daughter of a predeceased daughter,
iii. Daughter of a predeceased son of a predeceased daughter, and
iv. Daughter of a predeceased daughter of a predeceased son.

JustAdvisor (IT) 13 July 2016

did GM2 pass away before GF or after GF?

JustAdvisor (IT) 13 July 2016

	GM 2 If Passes Away After		GM2 If Passes Away Before
GM2	0.33	0	0
GM1B1	0.134	0.134	0.2
GM2B1	0.134	0.2165	0.2
GM2B2	0.134	0.2165	0.2
GM2B3	0.134	0.2165	0.2
GM2G1	0.134	0.2165	0.2

In my opinion if GM2 has passed away after GF, share of GM1B1 would be 13.4% and others would be 21.65%. If GM2 has passed away before GF, share of everyone would be equal i.e. 20%. I have based my opinion on section 32, 33, 36, 37 of Indian Succession Act and SC Judgment Lachman Singh v Kirpa Singh that son does not include step-son.

However I would request you to kindly engage an able counsel well versed with Christian personal laws who would guide you better.

blr 13 July 2016

Advocate Ramachary,

GF and his family tree, all of them are Christians. Tamil Roman Catholic to be precise.

JustAdvisor,

GM1 passed away in 1950s

GF passed away in 1980s

GM2 passed away in 2000s

So, for your question, YES, GM2 passed away after GF.

I assume this would not fall under bigamy since GF marries GM2 after GM1 dies.

JustAdvisor (IT) 13 July 2016

no. .this would not fall under bigamy. let me explain how succession will work in my opinion. when GF2 passed away 0.33 of his property devolved on GM2 and rest equally divided between children. when GM2 passed away her share i.e. 0.33 devolved equally on her children to the exclusion of GM1B1. Hence, GM1B1 would only get from first round which would be 13.4% and rest would get from both rounds which would be 21.65%.