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BADAL KUMAR RAUL   14 February 2018

Partition

A man has two wife ( remarriage after death of the first wife). Subsequently the second wife has three daughter.now the man has died left behind his second wife , one son ( from first wife ) and three daughter from second wife ) now how the partition is done?
Please say which section of Hindu succession act or any other law applicable in this regard .


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 11 Replies

Advocate Bhartesh goyal (advocate)     14 February 2018

Wife of deceased,son and three daghters all will get equal share i.e 1/5 share in deceased property.

R.Ramachandran (Advocate)     14 February 2018

The second wife, the son from first marriage, all the daughters from the second marriage, have EQUAL SHARE in the property left behind by the deceased male.

BADAL KUMAR RAUL   14 February 2018

Regarding dwelling place

BADAL KUMAR RAUL   14 February 2018

What happened to the property of second wife after her death

R.Ramachandran (Advocate)     14 February 2018

After the death of second wife, her share will be shared by her three daughters only.  The son, who is not her son, will not get anything.

BADAL KUMAR RAUL   14 February 2018

Sir please tell me when notional partition arises

R.K Nanda (Advocate)     14 February 2018

each LR will get 1/5 share

R.Ramachandran (Advocate)     14 February 2018

Notional partition of what?  

Further you also clarify, who you are in the whole issue?

Is this the real issue or your academic query?

BADAL KUMAR RAUL   14 February 2018

It is the real issue

Kumar Doab (FIN)     14 February 2018

You have pointed out Hindu Succession Act or any other law………….

Is the said person (deceased owner) Hindu or not?

If not which personal law applies?

If IT is a real issue then you can and must clarify.

The dwelling house is the only estate/property in question or any other estate is also involved?

The dwelling house is self earned/acquired property or ancestral?

The property is in which state?

What is date/month/year of death of owner?

Was mother of deceased person/owner alive as on date of his death?

The said children are minor or major, married or unmarried?

Is IT possible to divide the welling house by boundaries in equal portion?

Are all legal heirs willing to settle the matter amicably?

Kumar Doab (FIN)     14 February 2018

Succession opens on date of death of owner.

Notional partition is to happen when succession has opened.


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