• Second wife's son property distripute

My father was two wife. First wife died and after my father marriage for second wife. First wife has 2sons and one daughter and second wife has one son and one daughter. my father was written to second wife's son for settlement dead. My father was not mentioned in second marriage for settlement dead.father died. Settlement deed not cancel for at that time. My father's property is self acquired property. How share the property OK?
Asked 7 years ago in Civil Law

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3 Answers

Hi, as the property is the self acquired property of your father and he can dispose of the property according to his will and wish.

2. He has already executed settlement deed so now you can't claim share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

your query is not clear

2) on demise of father 2 sons , daughter from first marriage , second wife , son , daughter would have equal share in property

3) in other words each legal heir has one sixth share in property

4) if father ah executed settlement deed then legal heir in whose favour it is executed would be absolute owner of the property

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

If the settlement deed in favor of the son of the second marriage is not a registered document, then the other legal heirs of the deceased father can file a partition suit seeking partition and separate possession of their respective and legitimate share in the properties left behind by the deceased father.

If the settlement deed is a registered document then the other legal heirs' claim for their share may not be maintainable.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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