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Kanmani (Private)     07 October 2011

Propery sharing b/w 2 wives

Hi,

My grandfather had two wives. He married second wife when his first wife alive. Because of this his first wife mentally affected as well as my father was totally upset. First wife had 1 Son & 1 Daughter. Sencond wive had 2 Son and 2 Daughter.  Now both the wifes were died.

My father is the first child of first wife. My father & two other sons of second wife spilt their property among themselves and those are not yet registered. When they split the property, my father did not have any children. So he had vey less valuable shares, But now my father have 3 daughters. I am the first daughter and I am taking care of all my family need including my fathers medical expenses and sister's carrier and marriage. The other two sons are well settled.

Still we have some undivided properties with my fathers name and all other brothers are trying to sell them without my fathers permission. If my father ask anything then they are hurting my father.

My Questions.

1. Is it possible to spilt the share as 2 Wifes of my Grandfather instead of 3 Sons now?

2. Atleast the current property as 1/2 instead of 1/3?

Thanks for your Valuable sugessions in Advance.



Learning

 1 Replies

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

As per Hind Succession Act, one's intestate property will devolve upon their legal heirs.  In your case it is as follows:

1)  One Share to the Wives i.e., both First Wife and Second Wife

2)  One Share to each sons and daughters ( For daughters only from the year 1987)

3)  In case non-availablity of the wives, then the property will divided equally among the sons and daughters

4)  In case of non-availablity of daughters, then the property will divided equally among the sons

Hence it is not possible to divide the property into 1/2 instead of 1/3rd


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