Hindu property owner died intestate
2 years ago
Suppose (H) marries to (W1) and they have 2 sons (S1,S2). A house is in name of (W1).
Later W1 passed away. Then H1 get married to (W2) they have (S3). Then H passes away.
Now how the property be devolved the property is still in name of (W1) there is no partition held on this property. W2 S3 are also in possession.
Will we (W2,S3) get a share from the property?
Will S1,S2 get the full property?
Adv. Sarika Khude
Responded 2 years ago
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
W2 and S3 are not entitled to any share in that house because W2 cannot get any share in her husband's first wife's property and S3 cannot get any share in his step mother's property.
Lucem Leg
Responded 2 years ago
A.Dear Sir,
As the owner of the property was W1, so there legal heirs are S1 & S2. If someone dies intestate, then, the property goes to their legal heirs which is now S1 & S2. The legal heirs can if they want to share the property with W2 and their son can do so.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Two persons are said to be related to each other by half blood when they are descended from a common ancestor but; by different wives. Here, S3 is a half-blood child. The Father's biological child (born of the previous wife) has the first right over the property as against the half-blood child. In short, full blood is preferred to half-blood relations.
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Here, S3 is a half-blood child. Half-blood children share the same natural mother or father but not the same two natural parents. If all aspects of the relation to the person from whom one is expecting to inherit property remain same, then the one who is of a biological descent shall be taken into preference. The father's biological child (born of the previous wife) has the first right over the property as against. In short, full blood is preferred to half-blood relations.
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