• Father's property division if he has two wives

My father got married to his second wife after my mother's death. I am the only daughter of his first wife.His Second wife has two sons.  
I would like to know how my fathers property division  happens with ancestral and self acquired property. I am married and can I claim for my fathers property during his lifetime as his second wife is cunning and saying she will not allow my father to give self acquired property. I also want to know how the division happens after my dad's lifetime. Now my father is also not ready to make the partition. How can I proceed.
Asked 8 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Since the your 2 step siblings are legitimate children of your father on his death, you, your step mother and her 2 children will inherit the property of your father in equal shares. It applies to both ancestral and self acquired property.
2. So the wish of your step mother has no role to play in this . However if your father executes any Will depriving you from his self acquired property then you could do nothing .
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
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As per the Hindu Succession (amendment) act 2005 the girl child also have rights on the Fathers' and ancestral property , although the succession need to be proved. You should file a partition suit and claim your share in the ancestral and the father's property before his lifetime. 
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
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1) on father demise intestate you would have one fourth share in his self acquired properties 

2) you cannot claim father self acquired properties during his lifetime 

3) you should not file any suit for partition and claim any share in father self acquired properties as chances of success are bleak 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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Hi, as far as Self acquired  property of your father is concerned he can dispose of the property according to his wills and fancy and you have no right to claim that property, provided if your father died interstate then only you are entitled for share in the self acquired property.

2. As far as ancestral property is concerned you have share in the property you can claim it any time during the life time of your father or after his death also.

3. From the latest Supreme Court Judgement you are also entitled for share in the Joint family property. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. The self acquired and ancestral property of your father will devolve on his widow and children from first and second wife. The right of daughter to succeed to her father's share in the ancestral property is subject to the date of demise of father. 

2. You are free to file a suit for partition to cull out your share in the ancestral properties if they are ancestral for you. A property that may be ancestral for your father may not necessarily be ancestral for you. The original 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Your father will have absolute right to dispose off his self acquired property ,during his lifetime, in any manner he likes, including disposal of the property by way of Sale or, gifting the property to any trust or organisation or to any person, including his family members or to execute 'WILL' in favour of any person or persons.
2. In case of Ancestral Property the coparceners would acquire right over the property since their birth.
3. In case of intestate death of your father, the self acquired property would devolve equally to all his legal heirs, I.e., his present wife, you and your two half brothers and each is entitled to 1/4th share in the property.
4. During your father's lifetime, you will not have any legal claim over his self acquired property. However in case of Ancestral Property you will have absolute right to claim the same.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
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If the property is your father's self acquired property, you cannot legally claim a share or right in it.
If itis ancestral property then you may claim a share out of your father's share in it proportionately to others share in it. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0

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