Sharing of fathers property

Querist : Anonymous (Querist) 26 May 2011 This query is : Resolved
my father has a self acquired property. he has passed away without writing a will. he has 4 children (two sons and two daughters) from first marriage. The eldest daughter is no more but her husband and her daughter are there. Another daughter is born in 1953 and is married and has a family of two children.

My father has two children from 2nd marriage ( one son & one daughter). Daughter is born in 1962. Wife is surviving

Please tell me what does the indian law says about sharing the property between children of first wife, share for the second wife, share for the children of second wife. Whether the daughters have equal rigts in the property. Whether the husband an daughter of eldest daughter (who is no more) has rights in the property?

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R.Ramachandran (Expert) 26 May 2011
Since the property is your father's self acquired property, and he has not left a WILL, the same will go by way of inheritance amongst all his legal heirs in EQUAL SHARE.

The eligible legal heirs are:
1. His first wife
2. His two sons through first wife
3. His deceased daughter's children (the children of the deceased daughter will get equal share from their mother's share).
4. His surviving daughter
5. His son from the second wife
6. His daughter from the second wife

Thus every one will get 1/6th share. The children of the deceased daughter will have to share their mother's share of 1/6th in equal share betweent them i.e. they will get 1/6 x 1/2 = 1/12th share from the property of their grandfather.

Chanchal Nag Chowdhury (Expert) 26 May 2011
All sons & daughters & the wife will get equal shares.The children of the deceased daughter will inherit their mother's share.

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