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Father married twice children wants to know their share in property


28-Oct-2023 (In Family Law)
A person, governed by Hindu personal law had married twice. His marriage was legally valid and both of his wives have died. he has 3 son's from first wife while he has 2 son's from second wife. in case of property distribution which is land, who would be entitled to the share of land as per Hindu succession act, whether children of first wife OR second wife OR children of both wives ? Father is alive as on date and does not have any will.
Answers (3)

Answer #1
883 votes
The entire devolution of the property will depend upon whether the property, which is the subject matter, is a Self Acquired property or an ancestral property. If the father is alive and the property is self acquired property then the devolution will entirely take place as per the wish of the father. If the property is an ancestral property then the devolution will take place as per the Hindu Succession Act. In such case, even though the father is alive you can ask for partition now. If the father dies intestate, then again the property will devolve as per the Hindu Succession Act. That is the property will go to the Class I heirs. In this case all sons, since they are legitimate sons, will get equal portions. Regards.
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Answer #2
542 votes
Children of both the wives are entitled to shares in the properties of the father. However, the share of illegitimate son is half of that of the legitimate son. In other words, the sons of the first wife will have double the share of the sons of the second wife.
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Advocate Menaz Maqbul Shaikh

Adv. Menaz Maqbul Shaikh

LawRato Mumbai | 100+ Answers
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Answer #3
721 votes
With reference to the above statement, first of all you need consult with an advocate, where you have to provide all details to him, understanding your details he will guide you who will get shares in property and who will not.
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Advocate Anil Gaikwad

Adv. Anil Gaikwad

LawRatoNavi Mumbai | 100+ Answers
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