rights of sons
Querist :
Anonymous
(Querist) 27 November 2010
This query is : Resolved
Sir, I have a problem. i.e., B. Venkatramaiah he is the head of our family. He is having two wifes. For First Wife he got one son and his second wife he got 1 son and 5 daughters. In 1944 Family head and his two sons divided their property
in 1/3rd. One belongs to Family Head, and second one belonging to family heads first wife son. the third one belongs to second wife son. After that family head resides his second sons house. First wife son resides his divided house.
AT the time of partition the head of the family got 2 daughters. For their marriage expenses, the head of the family they taken some property. partition completed in 1944. After some years he got 2nd son and three daughters. Now, The head of the family having 1 son for this first wife and 2 sons and five daughters for his second wife. After some years the second wife 2nd son died due to
health problems.
In 1960 family head died. The whole property of family head is ancestral property.
Now i am asking that the share of family head goes to whom? Either Second wife son or First wife son or two parts? Which one is right
Raj Kumar Makkad
(Expert) 27 November 2010
As he died in 1960 so his entire holding held by him in his name shall be divided as follows:
Both the sons born out of both his wives and alone widow alive:
9/32 share each
5 alive daughters:
1/32 share each
R.Ramachandran
(Expert) 27 November 2010
Please clarify the following:
(1) Whether first wife of Mr. BV is alive?
(2) Whether the second wife of Mr. BV is alive?
(3) Out of the two sons born to second wife, you say one son has died. Whether this son is the second son of Wife2 or first won of wife2?
(4) Whether the son who died was married or not. If married what about his family - whether wife is alive - how many children - son(s) / daughter(s)?
R.Ramachandran
(Expert) 28 November 2010
Dear Mr. Kirti,
The ancestral property already stood partitioned in the year 1944 between the father and two sons.
Therefore, the sons who had already got the property through partition would not be in the consideration for any further partition.
After partition, only the two wives, and five daughters (one son appears to have born after partition in 1944 and one daughter of the second wife seems to have died) are entitled for share in the property of the father and NO ONE ELSE.
