Legal Heirs after father death

839 votes

The exact shares cannot be determined merely from these facts. The nature of each property, date and source of acquisition, personal law, and whether it was self-acquired or inherited must first be examined before calculating the respective legal shares.

Advocate Ravindra Anjaneyulu LawRato

543 votes

Assuming the parties are governed by Hindu Succession law and your father died intestate (without a Will), the shares cannot be determined uniformly without classifying each property. If your father’s property is his self-acquired/separate property, and his 1st wife is not alive, his Class-I heirs would ordinarily be: second wife + one son + two daughters = 4 equal shares (1/4 each). The first wife, having predeceased him, does not inherit from him. However, properties standing solely in your father’s name but purchased during the first wife’s lifetime require examination of the title documents and source of consideration; mere timing of purchase does not automatically confer ownership on the first wife. For inherited/ancestral or coparcenary properties, the calculation can be materially different depending upon from whom your father inherited the property, when it was inherited, and whether it constituted coparcenary property. Therefore, obtain the title deeds and succession details of each property separately before determining the exact shares.

Advocate Pavani Kumari LawRato

823 votes

since after your father's death there are four people so all four will have equal share....but here the question is the succession act says it's he mother will be nominee for all assets then after the legal heirs come....but you are mentioning as legal heirs so inheritance properties vary with second wife to children...contact me for further details

Advocate Katla Vijaykumar LawRato

839 votes

Since your father remarried after his first wife passed away, the second marriage is legally valid, making both the surviving second wife and all three children (from both wives) equal Class I legal heirs under the Hindu Succession Act, 1956 (assuming his mother is not surviving). The division of shares depends on the nature of each property: Self-Acquired Properties (Purchased in Father's Name): Properties purchased by your father during the lifetime of the first wife remain his absolute self-acquired assets. Since he died intestate (without a will), these properties will be divided into 4 equal shares (1/4th each) among the surviving Class I heirs: 2nd Wife: 1/4th share Son (1st wife): 1/4th share Daughter (1st wife): 1/4th share Daughter (2nd wife): 1/4th share Inherited / Ancestral Properties: If the property is genuine ancestral coparcenary property (inherited up to three generations without prior partition), all children (son and both daughters) acquired a birthright share as coparceners under the Hindu Succession (Amendment) Act, 2005. The father’s undivided coparcenary share would then be partitioned notionally and divided equally among all four Class I heirs, while the children also retain their independent coparcenary shares. However, if the property was inherited by your father from his father via a will, gift, or after 1956, it may be treated as his separate property. Because calculating the exact fractional shares in ancestral property requires examining the family pedigree, title deeds, and mode of acquisition, you should share the property documents and consult further for a precise partition strategy.

Advocate Mrudhula Jahnavi LawRato