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How will property divide if father died having two wives


29-Jul-2023 (In Property Law)
Recently 3 months back my father died of illness 69Y. father got two marriages and lived with both of them until first wife dead.After that he was living with us.1St wife has elder son and daughter both are married and 2nd wife as elder son as me and daughter. Before my father died he wrote Gift deed(legally registered) his own property not an sisters house to my name with two witness and one my mother and one near by other. All the property Documents are with me only .So please kindly explain can i get that house over 1st wife children’s.
Answers (3)

Answer #1
904 votes
Hi
A registered gift deed is valid. More so since it is an ancestral property the property absolutely belongs to your father only.
You should get the property mutated in municipal records, electricity bills etc in your name.
Hopefully you are in possession of the property that was gifted to you. In case you are not in possession, you should file a suit for Declaratory title and permanent injunction against the Children from 1
Answer #2
784 votes
The whole issue is based on the religious personal laws in matters of marriage, succession,etc. If your father was a muslim (assuming because u stated that he lived with both of them) If the legal ingredients of gift deed are satisfied and the property is not an ancestral property the gift will be complete and final. If you belong to another religion, the advise will differ.
Answer #3
971 votes
HI,
you will definitely get that house from your other siblings.
first house is self acquired property by your father and it got legally registered with the government against your name.
so don't worry, if at all other siblings filed a case against you for partition they have to disprove this gift deed which is not
possible so don't worry go forward and mutate the property in your name in the municipality.
you are

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