• Succession Property Issue

Dispute is regarding property shares among class 1 heirs,after fathers death whom will be the property transferred,1st wife died and she has a son,father married after death,2nd wife has a son,now after father death,how will be the distribution,Land transferred from ancestors,and father owned property,so how will be the distribution,and please clarify about property also.
Asked 25 days ago in Property Law from Thane, Maharashtra
Religion: Hindu
1) on father demise second wife , son from first and second wife , would be the legal heirs 

2) each legal heir has one third share in property 

3) if there is no settlement among legal heirs file suit for partition for division of property by metes and bounds 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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1) entire property would be divided among legal heirs 

2) mother has share in deceased husband property 

3) you can  seek phone consultation from kaanoon.com webiste 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
The proeprty would be divided in equal shares among second wife and child from both the marriages.
This would include both his self acquired and ancestral proeprty.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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The properties lefts behind by your father on his intestate death shall devolve equally among all his legal heirs.

Since your father married his second wife after demise of first wife, the second wife is considered as his legal heir and her children also legal heirs at par with the children of his first wife. 

Therefore all the children as well his second wife are the successors in interest or legal heirs to your deceased father to succeed his properties left behind 

The properties shall be divided equally among all his legal heirs. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Sir,Whole property will be divided  or just the ancestor property,father has owned a flat,first son is stuck that property will be divided between sons only,not mother.and i have objection for the same.Whats your consulting fee? i want to make settlements.



As per law entire properties shall be partitioned and all the legal heirs, i.e. the sons and daughters of both first and second wife as well as the second wife shall be entitled to one such equal share 

You canot say that you do not want to give any share out of your occupied property, it will be unlawful and illegal. 

You all can sit together and amicably settle the issue among yourself and draft a partition deed accordingly, get it registered and start living peacefully after that. 

You should remember that nobody is above law hence it becomes your duty to obey law or else face the music of law. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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