A Hindu male father has a property registered by sale deed in the name of his deceased first wife. He has two major children from the first wife. He has married subsequently and has two major children with his second wife. The father is still living in this property with his second wife.
case a) If the father wants to sell the property, what should he do?
This property is on the name of his deceased first wife. Upon her intestate death this property devolves equally on all her legal heirs consisting her own children and husband. The father is entitled to only 1/3rd share in this property and other two sons are entitled to 1/3rd each. Therefore father can sell only his share in the property and not the entire property.
case b) If the father is dead, who will inherit the property?
Upon the death of the father, the other two sons besides their own 1/3rd share in this property, shall be entitled to an additional share out of their father's share, i.e., their father's share in the property shall again divided among his own legal heirs, i.e., his sons from his first marriage, his children from second marriage and his second wife. i.e., the father if died intestate, his share shall be divided into five shares and the surviving 5 legal heirs shall be entitled to one share each.
case c) the father is dead, and had written a will to transfer his share to second wife, who will inherit the property?
If the father has bequeathed his share of property in favor of his wife or anyone, such beneficiary shall inherit the bequest made in the last will and testament.