• Partition of property

My grand father have four brothers. In the whole property the four brothers name are include.my grand father have two wives and they are alive.the first wive has one son who is died and he is my father.second wife has two son and one daughter.i want to know that can the property is devided into two wifes name which is my grand fathers partion.if yes then describe me.
2. Can we change the name from my grand fathers property to my two uncle and my self
Asked 3 years ago in Property Law from Dhenkanal, Odisha
Religion: Hindu
1) second marriage by your grand father during subsistence of earlier marriage is null and void . 

2) your grand father has 1/4th share in said property . 

3) on your grand father demise  your father , 2 children from second wife would be the legal heirs . ( second wife would have no share ) 

4) if your father predeceases your grand father your father share will devolve on your mother , you and your siblings 

5) your grand father can during his lifetime sell , transfer his share in property if he so desires . he can also execute a will for his share of property 
Ajay Sethi
Advocate, Mumbai
46884 Answers
2772 Consultations

5.0 on 5.0

1. Assuming that at present the property is in the name of your grand father & his 4 brothers.
2. Whether the grand father is alive or dead and how about his brothers, are they alive or dead.
3. If your grand father & his brothers are dead,  have they executed WILL.
4. If the property is not yet partitioned, the deed of partition has to be executed amongst them.
5. Your grand father's property after it is partitioned from the entire property will go to his first wife-50% share & children of the second wife together-50%.
6. If your mother who gets half share in your grand father's share gifts you that share through gift deed then that 1 half of your grand father's property would be mutated in your name. In case she executes a WILL, the property would devolve to the persons as per the contents of her WILL. In case she dies without writing a WILL(intestate), then the property would devolve equally to her children.
7. In case you want to change the name from your grand father's to yours & your two uncle's name, then a Relinquishment deed/Release deed has to be executed by your mother and your uncle's daughter releasing their share of the property in favour of you & your two uncles.
Shashidhar S. Sastry
Advocate, Bangalore
1655 Answers
109 Consultations

5.0 on 5.0

1. How could your grandfather have two wives if he is a Hindu? Only Muslims can have more than one wife at a time. Your grandfather's second marriage is illegal. 

2. Your father was the only successor to your grandfather's share in the property as long as he was alive. 

3. During the lifetime of your grandfather none of his surviving children has any share in the property owned by him. He can make a will and give his property to anyone he so desires. After his lifetime, in the absence of a will, his children will inherit his property equally. 

4. During the lifetime of your grandfather the title cannot be transferred except with the consent of your grandfather. 
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

It depends on the legality of the second marriage.

Was the second marriage concluded conforming to all legalities. If not then the second wife has no rights to the estate of the deceased.

With consent however title deeds can be modified accordingly.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

1. The share of the property of your grandfather will be divided amongst all his legal heirs in the event of his demise intestate,

2. So, in this case it will be divided amongst his two wives and all children including the deceased one  and will not be divided amongst two wives only,

3. No. It will be equally shared by all the legal heirs of the owner of the share of the said property and all of their names shall have to me mutated with the record of rights.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

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