Husband died without will, second wife not giving share in property


My ex husband died without writing any will. My son and his second wife are the survivors. His second wife dont have any kids. My son is a major. He has one house and two lands. Second wife is not willing to give anything to my son. She is not giving food also. His house was grandfathers land and there was a partition deed done among three sons. My husband constructed house taking loan. Please suggest how we can claim our share. Since she is the second wife. We are hindus

Answers (3)


162 votes

Hi
Since the partition of the property has already taken place, the property vested with your ex-husband is his absolute property.
In absence of any WILL, the property of your ex-husband will vest in 2 equal shares(1 for your son and 1 for the second wife).
Your son should file a partition suit in the court claiming his rightful share. However if the property left behind is a residence the property will be divided by metes and bounds between your son and his second wife (i.e in to two portions) and your son will have to respect the dwelling rights of the second wife till her life time.


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311 votes

Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3- (i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

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54 votes

Firstly you tell me on what ground your husband married another women okay and come to that your son absolutely right a share in his father property if that lady to give a share on that property your son simply file a partition suit to devide the property as equal share

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