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 in Property Law from Bangalore, Karnataka
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.
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
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.
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.
How many sibilings do you have ?
The property is divided in between first wife and all children's equally
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.
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.