• Property of father to his children

Hi respected sir,
My question is, if a man married to women who is employee of Punjab national bank, and they got a girl child. Then women dies and male got married again and the job of previous wife is given to new wife because man's first girl child is underage. Then he got two kids(one boy and one girl) from new wife. How property will be distributed among his children if man dies.
Thank you sir.
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) on his demise property would devolve on his second wife ,his daughter from first marriage , 2 children from second wife 

2) each legal heir would have equal share in property 
Ajay Sethi
Advocate, Mumbai
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The proeprty would be equally divided among his children and widow in equal share. The job given to his wife is of no consideration here.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1. His heirs will be his wife and biological children from both marriages. However, the man is at liberty to execute a will during his lifetime to exclude any of his heirs including second wife from succession to his properties. 

2. It seems that second wife got the job on compassionate basis. The daughter from first marriage cannot now get the job of her deceased mother on compassionate basis.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) it is not possible for daughter to get job on compassionate grounds now as bank job has already been given to second wife 

2) on father demise  intestate daughter from first wife can file suit for partition to claim her share in property 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
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Hello,
1) The property will be equally divided among all the children as all are his legitimate children.If the man dies without leaving a will the wife  too will inherit an equal share in the property.

2) The man can make Will and give the property to anyone of his choice if the property was acquired by him. While he is alive nobody has any right in the property.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Hello,
1) Now that the second wife was given the job of the first on compassionate grounds it would be advisable to not try to get her to part with the job in favour of the wife.

2) As mentioned above, you can make provisions for your daughter from the first marriage as her step mother is not supportive.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
My question is, if a man married to women who is employee of Punjab national bank, and they got a girl child. Then women dies and male got married again and the job of previous wife is given to new wife because man's first girl child is underage. Then he got two kids(one boy and one girl) from new wife. How property will be distributed among his children if man dies.

This man's property shall be divided equally among his second wife, child of first marriage and children of second marriage.
All the four shall be considered as his legal heirs  and are entitled to an equal share in the property left behind by that man who died intestate.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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could you please tell me further on this. Since man's second consort is not showing any interest in his first girl child. Child is feeling strong stigma. 
When Bank job was given to man second spouse, his first daughter was only 5. Now she is 20, so it is possible for her to get her Bio Mother's job?

The compassionate ground employment can be offered by the employer only once and to only one of the family. 
The daughter of first marriage cannot claim it now since this was already given to her step mother (which was legally not maintainable).  But the daughter can claim an equal share ion the property left behind by her father 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0

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