• Who is eligible for grandfather's land property?

Hi, my grand father has two wifes. 1st wife(died) has 1 son(died), 2nd wife has 3 sons & 3 daughters. 
1st Wife - died
1st wife's Son - died
1st Wife's Son's Wife & Childer's are - alive
2nd Wife & her children - Alive 
Now my grand father has a cultivated land about 3 acres. Now, who is eligible for this land? This entire land goes to 1st wife's Son's wife? or Land should equally shared to 1st wife and 2nd wife ?

Regards,
Kumar.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1) on grand father demise first son wife and children would inherit her husband share in land

2)2nd wife , her children would have equal share in property

Ajay Sethi
Advocate, Mumbai
84438 Answers
5537 Consultations

5.0 on 5.0

I presume second marriage was solemnised after demise of first wife

2) if so first son legal heirs , second wife , her children would have equal share in property

Ajay Sethi
Advocate, Mumbai
84438 Answers
5537 Consultations

5.0 on 5.0

On the death of your gran father his proeprty will be equally divided among window, if living and children from both the marriages in equal shares in each branches.

There is no change of law in this regard.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

TO BE SIMPLE EACH WIFE GET EQUAL SHARE - THEN THEIR CHILDREN SHARE THE PROPERTY, RESPECTIVELY; TO BE MORE CLEAR READ THE FOLLOWING :

Distribution of property after death, if there is no Will

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:

Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.-The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Rule 1: The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Suppose A, a Hindu, dying intestate at the time of his death is survived by two windows and a son. A was the owner of one house. Now as per the rule, heirs in Class I shall take the property simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two of them are widows of A. Therefore, as per the provisions of Rule 1 of section 10, both the widows of A shall take one-half share in the house of A and the other half shall go to A’s son. Hence the property of A by virtue of the above rule would be divided in only two parts and not three as all the widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among themselves, both the widows shall inherit equally and one-half of the portion of A’s house that they are entitled to shall be divided equally among them. Therefore share of A’s son in A’s house upon A’s death shall be one-half while the share of each widow of A shall be one-fourth.

Similarly if in the above example A is survived by three widows and three sons, the house of A upon A’s death shall be divided in four equal parts. Three parts, i.e. one part each shall be inherited by each son while the fourth part shall be inherited equally by the three widows.

However, if at the time of A’s death he is survived by only two widows, both of them shall inherit the house of A equally, i.e. both of them shall be entitled to one-half share, there being no other Class I heir.

Rule 2: The surviving sons and daughters and the mother of the intestate shall each take one share.

A, a Hindu male dies intestate and is survived by his mother, two widows, two sons and two daughters. Now reading both Rule 1 and Rule 2 together, it becomes clear that the property of A shall be divided in 6 parts. Each daughter shall inherit one part. So shall each son. There being two sons and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be distributed among A‘s four sons and daughters. Of the remaining two parts, A’s mother alone shall be entitled to one part and by virtue of Rule 1, both the widows of A shall be together entitled to one part.

Rule 3: The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

A, a Hindu male dying intestate, is survived by one widow, one son, one daughter and two grandsons from one predeceased son, i.e. a son who had already expired at the time of A’s death. Now A’s widow shall take one share of A’s property. One share each shall be taken by A’s surviving son and daughter. As far as A’s grandsons are concerned, by virtue of Rule 3, they shall together take one share as they are the heirs of A’s predeceased son. Therefore, A’s property on his death shall be divided in 4 parts. The one part inherited by A’s two grandsons from a predeceased son shall be divided equally among them. Here it may be mentioned that the position of the heirs of the deceased’s predeceased sons is similar to the deceased’s widows. Deceased’s widows, irrespective of their number are entitled to only one share in the property of the deceased. Similarly irrespective of the number of Class I heirs of a predeceased son of a deceased, they all together take one share. Here even if the widow of A’s predeceased son was alive, even then she would have inherited together with her two sons only one part of A’s property.

Rule 4 (i): The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;

(ii) [Explained in next point]

Rule 4(i) deals with distribution of the share that the branch of a deceased’s predeceased son is entitled to on the deceased’s death. As mentioned above, the branch of the predeceased son of a male Hindu dying intestate gets one share in the deceased’s property. That one share is to be distributed among the heirs of that predeceased son in accordance with this Rule.

Thus if A’s predeceased son had two widows and two sons, then at the time of A’s death, they all together would have inherited just one part of A’s property. Among themselves however, the distribution of this one share shall be made in accordance with this rule. Hence the one part that they have inherited shall be divided in three equal parts – one part each to the two sons of A’s predeceased son and one part to the two widows of A’s predeceased son. Here if A’s predeceased son say B, had along with his two widows and two sons also got another son C who had already predeceased B and on his death was survived by one widow and one son, then the one part of A’s property that B’s branch inherits shall be divided into 4 parts – one part each to his two surviving sons, one part to his two widows and one part to the branch of his predeceased son C.

Rule 4(ii):

The distribution of the share referred to in Rule 3-

(i) [Explained in point above]

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

This rule deals with the distribution of the share of property of a Hindu male dying intestate that devolves under Rule 3 upon the branch of his predeceased daughter. Now as per Rule 4(ii), this distribution shall be so made that that the surviving sons and daughters of the predeceased daughter get equal portions. Therefore, if A, a Hindu male dying intestate is survived by a widow and a grandson and granddaughter from a predeceased daughter B, then A’s property upon his death shall be divided in two parts- one part to his widow and one part to B’s branch. The part inherited by B’s branch shall be divided equally between B‘s son and daughter.

Kishan Dutt Kalaskar
Advocate, Bangalore
6011 Answers
321 Consultations

4.8 on 5.0

1. The sad land of your late grandfather will equally be inherited by both of his wives.

2. The share of his late 1st wife will again be equally shared by all her legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
26088 Answers
726 Consultations

5.0 on 5.0

As per law, both the wives of your late grandfather and/or their legal heirs will equally share the said property of your late grandfather. as explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26088 Answers
726 Consultations

5.0 on 5.0

Hi,

property of the grandfather will be divided equally between all the sons dead or alive. The legal hai rs of the deceased son will have the property allocated to the deceased son

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

You have not mentioned that whether the second wife married your GF while the first wife is alive or when the first wife died.

If the second wife married your GF while the first wife is alive. The second wife will not get right.

If the second wife married your GF after death of first wife, then the second wife will have right.

First you clarify the above doubt.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

Mr Kumar on demise of your grandfather the land will equally be shared by both the wifes.

Present law in these cases-

Section 10 of the Hindu Succession Act lays down the rules to be followed in such cases. Section 10 provides as under:

Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.-The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
308 Answers
5 Consultations

4.0 on 5.0

1. Did your grandfather marry during the subsistence of his first marriage? If the answer is yes then his second marriage is illegal, consequently his second wife is not a legal heir to him. However, even then his children from second marriage are his legal heirs.

2. Presuming that he remarried after the demise of his first marriage, if he dies intestate (i.e without making a will) his land will devolve through succession on the heirs of his predeceased son (widowed daughter-in-law and grandchildren), second wife and children from second wife in equal proportion.

3. He is, however, free to make a will during his lifetime.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

Presuming that your grandfather died intestate, the property left behind by him shall devolve equally on all his legal heirs.

His legal heirs are the legal heirs of his deceased son of first marriage for one equal share, the children and wife of second marriage one equal share each.

The second marriage should have taken place only after the death of first wife to enable the second wife claim a share in it as a right, otherwise the second marriage will be considered as null and void, however the children of second marriage are entitled to a share as a right.

T Kalaiselvan
Advocate, Vellore
74549 Answers
1228 Consultations

5.0 on 5.0

The answer given in my previous post is the legal position.

T Kalaiselvan
Advocate, Vellore
74549 Answers
1228 Consultations

5.0 on 5.0

Whether the second marriage solemnized while subsistence of first marriage or after wife death/divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

Under the Hindu Succession Act, on the death of your grandfather intestate the property held held by him will be equally divided among his children.

In your case the children of your grandfather all shall get equal right.

The second wife has no right to claim the property rights.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

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