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Distribution of ancestor property between children of 2 wives


03-Sep-2023 (In Family Law)
Hi. My Grandfather had 2 wife's, second marriage held after the 1st wife expired, this happened before 1955. 1. 1st wife has one daughter. 2. 2nd wife has 9 children. question a. Does the ancestral property has to be divided as 50% for 1st wife and 50% for the 2nd Wife, so the 1st wife's daughter gets 50% of the property and the remaining 50% is passed to remaining 9 CHildren or b. does it have to be equally distributed among the Children giving 1/10th of the share to 1st wife's daughter and equally distributed to the remaining 9 children of the second wife @ 1/10th ratio again Reason for asking the question was we got a input from one of our lawyer was since the marriage happened before 1956 than it should be as per point "a"
Answers (1)

Answer #1
961 votes
As the marriage took place before 1955, so the second marriage would not be void as the second marriage is void only after the enactment of Hindu Marriage Act 1955. So after the death of grandfather all his class 1 legal heirs would be entitled to equal share in the property. If the first wife has died then her share of property would go to her daughter.
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