• Rights of a son and step son

A family constituted of Father, Two sons from first wife who died leaving two children. Father married second time and has one son. First son of first wife died early without marriage. Father died due to old age. Second wife also died.

Properties left. 1) Ancestral properties about 3 acre of land 2) 1.5 Acre property earned by second son of first wife during the living period of his Father and step mother. property is in his name. Second wife son brought up by second son even after his father death and looked after his step mother. Son of a step mother Less than 15 years when his father died and brought up by second son. Age difference of 17 years between them. He got employed and staying elsewhere..
Second son of first wife and his own wife died leaving Five childrens.

Please lets know the property rights of second wife son and 5 childrens of second son of first wife.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

After the demise of father, whole property divided in between his son’s. So 3 acres divided in between 3 children, but one soon died without children’s and wife (First wife’s first son) So the property divided equally divided between two son.

Check the property is ancestral one?

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

If the 1.5 acres property is self acquired by second son, then it would be distributed among only his legal heirs (His 5 sons.)

So the five children’s obtained 5 equal share from 1.5 acres and 5 equal share from half of 3 acres

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1) on father demise intestate both second son of first wife and son of second wife would have equal share in his deceased father self acquired properties

2) on demise of second son his 50 per cent share in property would devolve on his 5 children

3) balance 50 per cent share of deceased father share would devolve on son from second wife

4) self acquired property of second son from first wife will devolve on his wife and children only .

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Please note that the opening of succession is determined by when a person dies leaving of whom.

2. Unless you give the dates of persons who have already died along with the date of birth of the children no proper answer can be given.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. In so far as the ancestral properties are concerned they shall devolve on the coparceners i.e sons and daughters on the demise of the father. Any of the coparceners is at liberty to file a suit for partition to cull out his/her share in the ancestral property.

2. The second son is the absolute owner of his self acquired property.

3. The self acquired and separate properties, if any, of the deceased shall devolve through succession on his widow and children from both marriages. The second wife being the widow of the deceased is one of his legal heirs.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

if second marriage is legal so children out of second marriage has same right as real son in self acquired property as well as ancestral property of the father (Kura vs jagram 1957)

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The properties that remained on the name of second son of first wife shall be his own and absolute property.

Since he died intestate, hie own legal heirs consisting his wife and five children alone are entitled to inherit the property.

The son of second wife is not entitled to any share in this property of the second son of first wife.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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