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taranjit (xyz)     22 May 2013

Property law

Dear all,

I belong to sikh family , my father has done second marriage after the death of his fist wife. he had one son from his first wife & one son & two dauthers from second wife .my father is expired now & my mother is also expired.he had some ancestral property on his name.pls share how this property will devide in to all four childrens.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 May 2013

All the four children are entitled to equal share in the property i.e. 1/4th to each child.

Bharatkumar (ADVOCATE )     22 May 2013

All 4 (Four) childrens equal right in this property.

T.K.vijayalakshmi (udc)     22 May 2013

my mother had a piece of land in her name it was acquired by my fathers income we are 3 brothers and four sisters 3 of the daughters got married and my second sister did not get married till my mothers death. my mother had left a will saying that if her unmarried sister did not get married within ten years the property will go to her otherwise it should be didvided among all ther children .my sister got married after 10 yrs of my mothers death subsequently my sisters husband also died in an accident . my sister did not give any jewellery of my mother and terminal benefits of my father to anyone  now she say s that she will not give share  to any sister .In the meanwhile my brothers have registerd a letter saying that they have no interest in that proprty are not a party to any dispute.we are not in a position to assess the exact way to proceed in this matter kindly advise.

taranjit (xyz)     22 May 2013

hi, thanks

but i want  one more clarity, my brother family is saying being a son from first wife they will get the 50% of share & being a kids from second marriage we three of them (me & my sisters) will get rest half .is it true ,if not what will be the reply for this as per law.

regards

Adv Archana Deshmukh (Practicing Advocate)     22 May 2013

They are wrong. Both marriages of your father are perfectly legal as the second marriage was performed after the death of the first wife. All the children have equal status as per law. There is no law which says that the property would be divided 50-50 between the two wives and that the children of  1st wife wud get 50% and rest shall be divided between the children of the 2nd wife.

LegalArrow ( Advocate Bangalore)     23 May 2013

@ Archana Madam.

what if the 2nd wife was taken when the 1st wife was alive. now what about the share of the illegitmate children? do they have equal rights or 50/50 ratio? please throw some light on this.


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