Civil Procedure Code (CPC)

Grandfather's property share between grandsons of two wives


Hi,

I am from A.P. My cousin's grandfather had two wives. He is the grandson of first wife, She had expired some 55 years ago. My cousin's father had also expired 8 years ago. His grandfather doesn't want to give a single property( some of it is inherited and some of his own earnings) of his to my cousin. Recently 1 year back he changed all his properties on his name to his second wife's name. Can my cousin file a suit for his share, since now all the property is on his grandfather's second wife.

The second wife has three sons. and the first only one son.If my cousin could file a suit, how much percentage of property does he inherit.

Thanks in advance for your valuable replies. 

 
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Partner/Advocate

Presuming your cousin is a Hindu.

 

Your cousin's Grandpa cannot deny the share of Ancestral properties which has devolved upon your cousin's father the moment he was born. The grandpa’s 2nd wife’s children also get equal share in your cousin’s grandpa’s ancestral property. And you cannot legally stop him from giving away his self-acquired property to anyone he wants. Now that your cousin’s father is deceased, his father’s share of the inherited property belongs to your cousin i.e. your cousin gets  1/4th of his grandpa’s ancestral property (what he inherited from his forefathers).

 

Ask your cousin to file a suit for partition immediately.


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Yes. Mr.Karl Jacob has given you good suggestion.


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practicing advocate

suit for partition and seperate possession with mense profit is the better way.

 
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happy diwali

 
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hello,.

my father had two wifes,he married my mother after the death of first wife. from first wife my father had one male child. from my mother he had 4 daughter.my father had agriculurer land.he  died in 1963.and at present, hisboth wifes are also dead.

what would be the share of daughters in the partion?will the property would be diveded equally among the ,one son from first wife and  4 daughter of second wife. ie each will get 1/5 of fathers total property.

plz help me from ur vital and awaited suggestion,

 
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hello,.

My father had two wifes from first wife my father had no childrens, after  confirm he was 2nd marriage my mother, from my mother he had 4 childrens  2 sons & s daughter, my mother was dead for the year 2005, my father had agriculturer, my mother worked govt service, my father is taken she's pension All agricultural property is my grandpa property, after the death of my mother my father & his first wife selling my grandpa property he was not taken our's signature,how to share first wife & 2nd wife 4 childrens.

Plz awaited your suggestion

 
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