• Share in property

Iam the second daughter of my parents my father is no more, my mother is the second wife of my father and 1st wife is still alive, i was married before 1986,when my father was alive. we all lived together till our marriage now what is my share of rights in my fathers property.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
If your father has died after 2005 then you are entitled to equal share in his ancestral property with his other sons and daughters and living wife.
If he ahs died without Will then you are entitled to equal share in his self acquired property also and in respect of the self acquired property it is irrelevant whether he has died beofre or after 2005.
Date of your marriage is no consideration.
Devajyoti Barman
Advocate, Kolkata
9387 Answers
114 Consultations

5.0 on 5.0

1) on your father demise you r step mother , you and your siblings have equal share in property 

2) your mother being second wife will not have any share in the property 
Ajay Sethi
Advocate, Mumbai
35202 Answers
1954 Consultations

5.0 on 5.0

1. Assuming that your father had not executed WILL, his first wife and her children and children born from the second marriage are entitled to equal share in the property.
2.Since your father's first wife is alive, his second wife is not entitled to share in the property of her deceased husband, who has died intestate.
Shashidhar S. Sastry
Advocate, Bangalore
1472 Answers
91 Consultations

5.0 on 5.0

As the second marriage of your father is illegal your mother does not have a share in the property of your father, but you do have a share equal to the share of other heirs. You can cull out your share by filing a lawsuit for partition in the court. The date of your marriage is immaterial in so far as your right to succession is concerned.
Ashish Davessar
Advocate, Jaipur
21327 Answers
572 Consultations

5.0 on 5.0

How many sibilings do you have ?

The property is divided in between first wife and all children's equally 
Ajay N S
Advocate, Ernakulam
2442 Answers
28 Consultations

5.0 on 5.0

As per the recent Judgement passed by the Apex Court, you being the daughter, have no right on your father's property since he has demised before the year 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
15135 Answers
366 Consultations

5.0 on 5.0

If your father's first wife is still alive, your mother shall not entitled to a share in his intestate properties.  
You, along with your own blood siblings as well as your father's first wife and their children will be jointly entitled to a share in the properties left behind interstate. 
T Kalaiselvan
Advocate, Vellore
25163 Answers
247 Consultations

5.0 on 5.0

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