Ancestrol Property Division rules
2 years ago
My grandfather had some self acquired property and it was divided and registered to my father name in 1990's.
My fathers first wife was deceased 25 years back,
and my father got second marriage.
Both marriage was legal according to Hindu law.
My fathers First wife has 2 sons and second wife has 1 son. We live in Karnataka,Bangalore rural.
As the children's of deceased mother, Do we son's of my fathers 1st wife have rights to ask my deceased mother's share.?
Can anyone explain How will the share Happen according to Indian law.
A.Dear Sir,
Section 8 of Hindu Succession Act:
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Because all sons are born with a claim to ancestral property, the father cannot transfer it to one son at the cost of the others. Thanks to a 2005 amendment to the Hindu Succession Act, daughters are now coparceners and have a claim to the family estate.
Thank you very much. Please give the answer a rating.
Because all sons have a claim to an ancestral property by birth, the father cannot distribute the ancestral property to one son at the expense of the others. Daughters are now coparceners and have a right to the family property, thanks to a 2005 change to the Hindu Succession Act.
Thank you. Kindly rate the answer.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that the first wife predeceased your father so she has no share in your father's property but her two sons have full right of inheritance in their father's property.
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