Your father's share will be equally divided between you 12 and as two of them are dead, heirs of your deceased siblings will get their share and your mother's share will be equally divided between you and your brother only.
Dividing a property based on the law
Hi all, My father bought 3 and half acre agriulture land when he got retired from teacher job. And has been registered in the name of my mother and his as joint property in 1989. My father had two wives. My mother is second wife to my father. we are totally 12 children to my father including first wife( 9 daughters and one son ( 2 died)) and me and my brother ( 2 children to second wife). My mother got married to father when my father first wife was dead. My mother died due to some disease in 2006 and my father was aged he died in 2011. Now according two the law, how this property will be shared between us? Thanks, Praveen
Asked 7 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
13 Answers
After Death of Father Property can be claimed by his Class I heirs that include:
1)Son
2)Daughter
In the case of a legal second marriage, the property can be claimed by children of the second wife, too. However, if it happens when the husband has not divorced his previous wife or the wife is living and the man remarries, the second marriage is taken to be null and void. The children born of this second union must be maintained by the parents but they are not preferred inheritors or coparceners.
However, 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.
On mother demise her 50 per cent share in property would devolve on you and your brother
2) your father 50 per cent share would devolve on all his children equally
All the sons and daughters will be equally entitled to the share in the property. In case of death of any of the brother or sister then the children of such brother and sister will be entitled to a share in property. So totally if you are 12 children you all will get 1/12th share in the property. And out of 1/12th share each of you are entitled to the legal heirs of deceased will also get the share of their respective parents.
The father share shall be divided in all the children from both the wives. That is 50 percent of the property.
While the first wife share shall be divided amomg her children and father. This share of father will added in.above mentioned share of the father which will.divided among all the children's equally.
Firstly, the property which has been bought by your father was in the name of your mother as well as your father as joint owner.
Secondly, in the absence of any will, the property will be divided as per Succession Act.
Thirdly, you and your brother would have dual share in the property.
Fourthly, 50 present of the property was in your mother’s name whcih means would come to you both brothers only.
Fifthly, rest 50 present of your father’s share will get divided amongst you both plus all others from first wife.
Sixthly, you should get the succession certificate soon from the civil court of law.
1) The property will distribute equally in two wifes and further equal to their legal heirs.
The property of the father will be shared by all the children equally however the property share of the second wife will be divided between her two children and the children from the first wife will get no share in the property of their stepmother
You will Inherit half share in the property which was in the name of your mother as you are her only legal heir.
Remaining half would be divided between the 10 children of your father in equal proportion, including yourself.
Dear Sir,
Each wife get one share each and children of each such wife shall get divide among themselves. Further you may go through the following judgment. You are advised to go for settlement instead of going to court.
================================================================================
Madras High Court
Jayalakshmi Ammal vs Kaliaperumal on 29 April, 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2014
CORAM
THE HONOURABLE Mrs. JUSTICE. S.VIMALA
Second Appeal No.471 of 1993
Jayalakshmi Ammal .... Appellant/2nd plaintiff
Vs.
Kaliaperumal .... Respondent/1st deft.
===============================================================================
15.2.The express language used in Ex.A2, settlement deed, interpreted in the light of Section 14 of the Hindu Succession Act, would lead to conclusion that what is conferred is only an absolute estate and not a limited estate. Therefore, the second defendant / first wife has got every right to dispose of the property and the sale is valid. Therefore, the first defendant / purchaser has to succeed and the second appeal filed by the second wife / 2nd plaintiff is liable to be dismissed.
1. Since your father had remarried only after the demise of his first marriage his second marriage was perfectly legal.
2. The land of your father has devolved on all his 12 children equally. The share of 2 deceased children has further devolved on their legal heirs under Hindu Succession Act.
3. The land can be divided amicably by executing a partition deed.
1. Second Wife is a Legal Wife. Hence she and her children have all Equal rights in the property of the deceased.
2. Conclusively, (IF there is no WILL) ALL the residual Legal Heirs (first wife's children, second wife and her childrens) would have EQUAL rights in the property of the deceased and such names shall need to be mutated /transferred on the Revenue records (Talati office), by following due procedure of law.
3. IF you wish for separate and unique physical possession of the Land, THEN after above, you will need to conduct a proper Govt. Survey, do demarcations and then mutually execute a Partition Deed, for determining & possession of the individual areas of the Land.
Keep Smiling .... Hemant Agarwal
The property will be divided into twelve equal parts with each one getting one such share because it is your father's property and both his wives are dead.
However this distribution is restricted to your father's share in the property alone.
The share of your mother in the property shall devolve on only you and your own sibling
