• Property share between brothers and sisters

Hi Sir /madam,
My name is sudha marrimaninti and this is regarding my mother's share after her father death. So my grand father has 3 wives and my mother (yashoda) is first wife's only daughter. Second wife has one son and a daughter. 3rd wife has one son and 2 daughters.
Now my mom's father no more and want to know the share between brothers and sisters. Being first wife's daughter (only daughter) will there be a high share for her or what is the law. We belong to chittoor, AP
Please advice
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Client,

If marriage is solemnized after death/divorce of first wife than second wife than property will inherit 1/6th each equally, and if any of the wife is alive than 1/7th each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your mother has equal share in property

2) merely because she is first wife daughter does not entitle your mother for higher share in property

3)second and third wife have no share in property of grand father married them during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi

Hindu succession will be per stripe(per branch) in your case.

Your grand father's property will be divided equally in to 4 shares.

1) Your mother's mother will get 1 share.

2) Your mother(Yashoda) will get 1 share.

3) Second wife children will get 1 share. This 1 share is to be further divided amongst 1 son and 1 daughter.

4) Third wife children will get 1 share( this 1 share will be further divided amongst 1 son and 2 daughters)

So technically your will get 1 share on her own plus 1 share of her mother.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

2nd and 3 rd wife have no share in deceased husband property

On his demise property would devolve on first wife , children from other marriages equally

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If he was married after 1955-56 than share will be 1/7th each. Next two wife will have no inheritance right.

1/7th each share each in your mother and her mother and if your NANI is not alive than her share in your mother.

So in your case 1/7th +1/7th.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father's property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband's family.

Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants of a common ancestor. 

A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.

Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners' interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will.A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider.A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father's property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi

Hindu marriage act was enacted in the year 1955.

Assuming your grand father got married to the 2nd wife and 3rd wife after 1955, the 2nd and 3rd marriages are per se illegal if the first wife is alive and as such the 2nd and 3rd wife cannot claim any share of your grand father's properties.

However the children born to the 2nd and 3rd wife are legal heirs of the grand father as per law.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

This is my response to you:

1. Since the other marriages are null and void does not mean that the children of second and third wife will not get a share;

2. In a Supreme Court verdict, the bench opined that children born of a second marriage can claim father's property although the marriage itself might be void. They will not be considered illegitimate;

3. But the second wife (and in your case the third as well) cannot claim the property in case the marriage was solemnized when the first wife was living or wasn't divorced;

4. Therefore the children will get the share because it is not their fault that your grandfather did three marriages, since the children (whether legitimate or illegitimate) cannot suffer.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

EVERY ONE INTHE GRAND CHILDERN HAS THE RIGTH TO ENJOY THE PROPERTY

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Dear Madam,

During that such period such marriages were recognized and the rule is each wife get one share each. Thus your grand mother get one share and which shall be divided among the respective children. It is her Sthreedhana and you must see the following.

==========================================================================================

HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If this property belonged to your grandfather as his own and absolute property, then upon his intestate death it shall devolve equally on all his legal heirs:

If he had married the other two women during the subsistence of the marriage with your mother, then the step mothers (both) may not be entitled to any share in the proeprtry left behind by your grandfather.

If your grandmother mother is living, then she will be entitled to an equal share along with the other legal heirs excluding the two other step mothers.

If your grandmother is not living then the grandfather's proeprty shall be distributed to his legal heirs i.e, your mother, her, step siblings, i.e., into six shares equally.

Your mother will be entitled to one such share provided her mother is not living now.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The 2nd and 3rd marriage was not legal even though the bigamy laws were available those, days, nobody bothered about it.

However as per law, the 2nd and 3rd wife are not entitled to any share in the property because their marriage is void in the eyes of law, but their children are legitimate, hence they will be entitled for a legitimate share in the property at par with the children of first marriage.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. under the Hindu law, the marriages after the first marriage are considered as void or voidable

2. but the children born out of the second and third marriages will be considered as legitimate and at par with the children born out of the first legal wedlock

3. so in this case, after the demise of your grandfather, his legal heirs will be the first legal wife, the children born out of the wedlock from the first marriage ie your mom and children born out of the wedlocks from the second and third marriages.

4. the second and third wives will be excluded from the inheritance

5. so your grandfather's property will be equally divided between your 1st grandmother, your mom, and the children of your 2nd and 3rd grandmothers

6. your 2nd and 3rd grandmother will get nothing from grandfather's property

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

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