Hindu property owner died intestate Hindu property owner died intestate

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 1 year ago

View All Answers
A.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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.W1 's property after her death without any Will.had been devolved upon H, S1 and S2. After H's death his undivided share in W1's property will revert back to S1 and S2. Now S1 and S2 are the absolute Owners of W1 's property having equal share therein.

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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Lucem Leg

Responded 1 year 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.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi,
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.
Please rate my answer
Thank You
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Hi,
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.
Please rate my answer
Thank You
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAncestral property division (without papers)
Dear Client, firstly, We have to see what MCD tax papers contain then only it can said that whether it is eligible for sell or not. Secondly, if someone had not claimed the property from more then 1...
question iconHome Property -Issue
Dear Client, You can ask the LIC people regarding the same. If they want it then you need tp provide for it.
question iconRelease deed on Ancestral Property
Dear Client, According Hindu Succession Act daughters are equally partners of the property. But as your sister had signed that she does not need your father property then She, her husband, her childr...
question iconLand own
Dear Client, It is not possible to know the decision of the court so you would have to wait for the same.
question iconLegal Heir Certificate
Dear Client Your grand mother will not be considered as legal heirs for the property distribution. Hope it helps.