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 (2)

238 votes

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.

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68 votes

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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