Hindu marriage/succesion
Kunwar Mohd Asad
(Querist) 15 August 2011
This query is : Resolved
If a hindu person had a child (Male) from his first wife and his wife got expired leaving behind that child.
That person married secondly and blessed with two children (Both male) with his second wife.
PROPERTY IS ANCESTRAL PROPERTY
How property will be distributed among three children?
R.Ramachandran
(Expert) 15 August 2011
All the three children will get equal treatment.
Kunwar Mohd Asad
(Querist) 15 August 2011
please refer the provision to clarify the query. Equal Treatment??? under which law/provision?
Adv Archana Deshmukh
(Expert) 15 August 2011
All the 3 sons will get equal share in the property as per the Hindu succession Act, 1956.
Raj Kumar Makkad
(Expert) 15 August 2011
Hindu Succession Act treats all children whether born out of first or second wife or even if born illegally qually and so in the given case, all 3 children of deceased persons shall get 1/4 share each (if second wife of deceased is alive and his mother is already expired) and 1/3 share if second wife has also expired.