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How the property is divided? based on wives or children? How the property is divided? based on wives or children?

3 years ago

My grnadfather (died) had two wives both died. 1st wife had 7 children and 2nd wife had 3. Total ancestral property is 10 acres. Now as per new supreme court amendment how the property partition will be done in court?
1. based on 2 wives 50:50 share and their children share from their mothers share OR
2. irrespective of wives, all children gets equal share.
Before Aug 2020 2nd option was correct. but after aug 2020 all are saying 1st option is correct, but there is no evidence in supreme courts 121 page judgement. Please clarify?

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.who are these all ?
ancestor property - all heirs have equal share.
so who all are heirs ?

wives have right on self earned property of husband if there is no 'WILL'.


Hope this clarifies,
Advocate Ankur Goel
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Wives will not get a share in ancestral property. All the children will get equal share. The self acquired property of the father shall be divided 50:50 between both the wives.
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Anik

Responded 3 years ago

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A.Hi,
Wives will not get a share in ancestral property. All the children will get equal share. The self acquired property of the father shall be divided 50:50 between both the wives.
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