My father and my uncle purchase a plot of 131 sq. yd in three parts. First part was of 22.5 sq. yd was purchased on 20.02.1957in the joint name of my father and uncle(50% of each). Second part of land wich was 48.5 sq.yd in area and was ahead of first one was again purchased on 01.12 .1961in the joint name of my father and uncle(50% of each).After this a third plot of area 60 sq. yd was again purchased on 07.04.1967 ahead of secon plot by my father only in the capacity of Gaurdian(SANRAKSHK)in the name of myself and my two brothers namely Sh. Arvind Kumar and Sh.Vipin kumar.We all three were minors on the date of purchase of this plot. After the purchase of this third plot in the month of April 1967, my uncle,who was not having any child, adopted my one brother namely Sh. Arvind Kumar in the month of June 1967 in a homely function of adoption.No adoption deed was written and got registered for this processat that time. Now my father did two marriges.the name of first wife was Smt. Kela Devi.Smt Kela Devi give birth to only one daughter, Smt Usha Aggarwal who got married in 1962 and having two boys and two girls. Second wife of my father(my mother) isSmt Santosh Devi who gives birth to three boys(including myself ) and two gilrls.The name of three boys are Sh Lalit Kumar Gupta(my self),Arvind Kumar Gupta(adopted by my uncle) and Sh vipin Kumar.The name of two girls are Smt suman and Smt .Archna. Now Smt.Kela Devi died 0n 25.11.1990and my father died on 22.12.1993.My uncle died in nov.1997.my elder sisterSmt. Usha aggarwal(daughter of Smt.Kela Devi) diedin Sep.2016. My uncle write a WILLon 20.12.1990 accrding to which all his share in this housei.e 50%of 71sq.yd(22.5sq.yd+48.5sq.yd) which is 35.5 sq. yd.will go to his adopted son Mr Arvind Agarwal after his death.Myfather did not write any will upto his death(INTESTATE) . Now my questions are; 1.What would be the distrbution of this house(in terms of ratio)among my all family members. 2.Will Smt.Kela Devi(first wife of my father who died on 25.11.1990) get any share in the disribution of this house.Suppose she will get a share then to whom it will go because her daughter has also died inSep.2016.However her daughter has two boys and two girls out of which one boy and two girls are married. 3. What will be position of sharing of Mr Arvind Kumar in third plot of 60 sq. yd . As mentioned earlier, this third plot of 60 sq. yd was purchased by my father in the name of myself,Arvind kumar and Vipin Kumar(all of us were minor at the time of purchase of this plot)keeping himself as gaurdian(SANRAKSHK).But at time of his death i.e on 22.12.93,we all three were adult.My father upto his death make no correction in the Registry of this plot.As Arvind Kumar has been adpted by my uncle in june 1967so as per my poinion he should not get 1/3 share in this plot and it should be distributed between myself and vipin equally(30-30sq.yd) .
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) on demise of father his 50 per cent share in property would devolve on all his children equally
2) However your brother adopted by uncle woukd not have any share in said house
3) first wife predeceased your father will not have any share in said property
4) in third plot purchased in name of his 3 minor sons daughters can claim equal share as it was bought in minor names for benefit of joint family
1. Your father share in two plots which were purchased with uncle will to to mother, sister(the daughter share in the father property shall go to her children) and all brothers in equal share.(Brother given in adoption shall not have any share in your fathers property.)
2. Since kela devi predeceased her husband no separate share for her, the daughter share in the father property shall go to her children.
3.the third share registered in name of you and your adopted brother shall go to you both only the third brother has no share in It.
As far as your uncle's share of property is concerned, it will devolve on Arvind (the so called adopted son),as per the bequest made in the Will, so in that nobody can claim any share as a right.
The property left behind by the father shall devolve on all his legal heirs, i.e., his daughter from first marriage(upon her death to her legal heirs), this children from second marriage, i.e., three sons and two daughters and to his second wife (this will include the share of the deceased first wife), equally, i.e., to be divided into seven equal shares.
The property purchased on the names of three minor children by your father shall remain on the three children alone, nobody other than them has any rights over it.
There is no share for first wife separately, the share of first wife and second wife shall be treated as one unit.
As far as the third question is concerned, you should understand the underlying fact that the third property was bought on three individuals names though your father was appointed as guardian, hence upon becoming major all the three sons have equal rights i.,e., 1/3rd each despite the fact that the son Arvind was adopted by the uncle or not.
