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Rights of children born from second marriage on father's property


17-Apr-2023 (In Property Law)
My father first wife died after giving birth 2 boy children after that he married my mother she blessed with 1 boy and 1girl child.my grand father self acquired property is shared among 3 boy children and my father as per compromised petition.i was born after the suit is filed and before the compromise decree passed.my name is not there in decree.Am I eligible for share of property or not
Answers (3)

Answer #1
704 votes
It's a self acquired property and your father has divided it among the three of his sons as is his prerogative and he has all the right to do so as it's not ancestral property. You don't get a share in the property which is already divulged to your brothers.
Answer #2
851 votes
Under hindu law, as far as succession to property is concerned, there is no distinction between the rights born to children out of first or second wife. In your case, you acquired a right on the ancestral property by birth therefore you are eligible for a share in the property.
Answer #3
699 votes
Yes, you are entitle for share over the properties in the family. You can reopen the case subject to limitation. All children who are in the family entitle .equally. if the two wives are having children, the property is equally devide on them.

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