Property rights
Ksreddyacs
(Querist) 23 July 2014
This query is : Resolved
Dear Sir's, we are three members(one boy and two girls) to our mother and my mother was expired in the year 1993 at that time we are small children 6,4,2 years respectively. Then my father got second marriage and she has one daughter. We have 5 acres of land which was inherited property by my grand father now it is in the name of my father.
In this case what is the property rights between our four members.
Anand Bali Adv.
(Expert) 23 July 2014
Dear Friend, the whole property will be first divided among 6 members of the family and not among only four issues the mother's portion will also be created separately and first mother's share who dies will be divided among her three children then after. So at first 1/6 portion to each surviving members of the family and next the 1/6th share of the dead wife will be further divided among only her three children. Plus in case the second wife dies her daughter will further get her share out of her mother which will be 1/6th +1/6th in future, when her mother dies.
Raj Kumar Makkad
(Expert) 23 July 2014
I want to make amendment in the advice of expert Bali. The property coming in the share of your father after death of your grand-father (presumably after death of your mother) shall be divided in 5 equal shares means 1 acre each. Your step mother and step sister shall also get 1 acre each.
ROHIT SHARMA
(Expert) 24 July 2014
Dear K. S. Reddyacs,
1. Expert Rajkumar Makkad's contention is valid.
2. The step daughter too can be deemed to get a share in her step mother's share since the property was not divided at any time before her death and therefore the share of the dead mother does become unfructous for all practical purpose.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
If the property is not ancestral in nature and the father is still alive, during his life time there is no question of claiming a share or partition in the property. In the event of the father dying intestate, the property will devolve equally upon all his successors/legal heirs. the legal heirs to his father are three children from the first marriage, his second wife and the child of his second marriage. so please confirm two things:
1) whether the property is of ancestral in nature?
2) Whether the father is alive or not?
Further opinion can be rendered based on the reply to the above queries.
2)
