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Regarding division of property among the children to two wives


21-Nov-2023 (In Property Law)
My father got married to his second wife after my mother's death. I am the only son of his first wife.His Second wife has two sons and four daughters. I would like to know how my fathers property division happens with ancestral and self acquired property. can I claim for my fathers property during my father death and second wife also died. and his second wife sons cunning and saying she will not allow my father to give self acquired property. I also want to know how the division happens after my dad's death. How can proceed???
Answers (3)

Answer #1
714 votes
See,
Here your father married second women after your mother death. He got children.

Here your self and that children will also get equal right over the ancestral property. Apart from that, if your father without making any will or any transfer to the children before his death, then all children will get equal right over the property. If your father done any legal transfer before his death, the you will loose your right over the said preorpty after his death.
In case of ancestral property you will get equal right and your right cannot be curtailed.

You can proceed.
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Answer #2
742 votes
Is your father alive ? then his second wife and sons saying they will not allow your father to give self acquired property to you is something you cannot help, and your right is only limited to your ancestral property. And if your father is not alive, then if he has left no will you all will have rights over the self acquired properties also.
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Answer #3
630 votes
As your father has married second wife after the death of first wife so the marriage is valid under Hindu Marriage Act and your step mother and children are also having right in your father's property. In ancestral property you all children have equal rights with your father. In self acquired property of your father he can bequeath it whomever he want as per his wish and you can't compel your share in that unless he decides to delegates you the same. If your father dies without executing Will or Gift of his self acquired property then you all children and your step mother have rights over his self acquired property.
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