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Grandfather had two wives how will the property be divided


18-Oct-2023 (In Family Law)
My grandfather had two wives(both of them died). My father and Aunty is first wife children and 2nd wife had 4 daughters and 3 sons. This land is 100 year old. There is no will. As grand mother and father were both died. Now question is how land will be divided. What is the share my father will get and will women have right on it.
Answers (3)

Answer #1
799 votes
Dear Sir,

All the children of your grand father will get an equal share in the property, whether they are born to the first wife or the second wife. since there is no will the property shall be divided equally among the children.
Answer #2
847 votes
1.You have to disclose which religion you belong as some caste believe in maternal n some paternal property right.
2.You to disclose whether said property was self earned, possession, year of death and many important facts.
take appointment with lawyer as Limitation is one of essence for case.
Answer #3
704 votes
Both the wives will have their share in the property. Both the wives' children will also have share as found in Hindu Succession Act. Regarding daughters the position is:
The SC in pronouncing this judgment has provided the much-needed clarity that the Amendment Act is prospective in its application, i.e., with respect to a Hindu family governed by Mitakshara law, a daughter would have a right in the ancestral property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act. No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters. For the sake of clarity, it may be noted that the position with regard to succession to any self-acquired property (as against coparcenary property) of a Hindu male dying intestate remains unchanged, with the daughter being entitled to a simultaneous share in such self-acquired property as the son (in the absence of a will stating anything to the contrary).
Dr Gubbi, Counselor & Advocate

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