• Share of 2nd wife

A man having two children with 1st wife married 2nd wife after death of 1st wife and got two children with 2nd wife. He expired without executing will deed. What are the shares of 4 children and widow in ancestors and self acquired
Asked 3 years ago in Property Law
Religion: Hindu

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19 Answers

All the 4 children and widow wife have equal shares in total property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

On demise of father his second wife and 4 children ha e equal share in his properties 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

All 5 of them will inherit property of the man in equal share. 

In other words the widow and 2 children from each marriage will succeed him in  undivided 1/5 share. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

All would get equally divided shares amongst them as per Hindu Succession Act

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

The deceased Husband will get property divided into two wife's 50-50% sharing ratio and accordingly their respective mother the children will get equal share in it, means both properties ancestral and self acquired.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear sir,

All the children's will have an equal share in the property you can apply for inheritance certificate in which all the party presence is required at the time of filing an application for IHC and based on which all the party will get equal rights/ share !

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

1. Since the man died intestate, the entitlement to the property devolves equally to his 2nd wife and 4 children, i.e., 1/5tg share each in self acquired property. 

2. As per your narration, the person got married to the second wife only after the first wife expired, therefore, the ancestral property devolves equally to 2nd wife and 4 children.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

- If, that man died without leaving a WILL , then his property , whether self acquired or ancestral ,would be devolved upon his legal heirs. 

- Hence, his property would be distributed between 2nd wife and all children i.e. every body will get 1/5 share respectively. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

All will be shared equally.

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

All have 1/5th share each.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. All the children along with the second wife shall have equal share in the property of deceased.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Since Hindu Man died Intestate (no WILL), and IF Parititon of Ancestral property (must be atleast Four generations old) is not done, THEN  "ALL" the residual legal heirs are entitled to EQUAL share of "ALL" property standing in name of deceased, without any exceptions, whatsoever.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

In both the property if there is no will then it will be equally divided between all 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

second wife and 4 children have equal share. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

There estates left by the man is will be equally divided among all the members. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Share of properties will be divided in five equal parts amongs 4 sons and wife of deceased as they are all legal heirs of deceased.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Since the second marriage contracted by the deceased was legally valid, his widow and children born out of second marriage are also entitled to equal rights to succeed the properties whether self acquired or ancestral at par with the children of  his first marriage. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

The property will be divided equally amongst all the children and the widow as that is the law.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the person has died intestate leaving a sled acquired property.
  2. I would like to apprise you that there will be 5 shares in the property as per law of succession.
  3. But before claiming right in the immovable property like the present one, they all will have to have succession certificate from the court of civil law as after having this document one can claim right in the property showing his or her legal right in the property being the legal heirs of the deceased.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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