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Father died interstate first wife not read to divide property equally


We are Hindu and My father passed away 8years back. My fathers property is located in hosur tamilnadu. He has two wife. First wife has two daughters and second wife has one son and two daughters. We are wanting to divide the land owned by my father equally between first wife and her children and the children of second wife(as legally second wife doesnot hold a share but only her children have a share). However first wife and children are not agreeing for equal division and this dispute is long pending from 8years within family. My father had 46cents of residential land which we are planning to divide only our 23cents and register in our three children name and let the remaining 23cents for first wife share. Does this cause any legal complications for us in future as we are registering 23cents without consent of first wife?


Answers (4)

First you have to file a partition suit for division of property belonged to your deceased father. As rightly claimed by you the second wife children do have equal rights like that of the other children and wife legally wedded to your father. If the property is not partitioned by metes and bounds it will be very difficult to make a valid deed.


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Both the wives and their offspring have equal share in he properties There is no discrimination under law because a person is the second wife. However you would have to file a partition suit, since your interests is undivided.

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You have to file a suit at the appropriate court in consultation with the local lawyer for partitioning of the property in accordance with the law, so that there is no dispute among the legal heirs in future.

You can not do like that because it is better to get a succession certificate from the competent court of law and based on that you can go for the partition. Suppose your father has written a will then property has to be divided according to that will.


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