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Rakesh Kumar (Private)     30 January 2022

Hindu family property distribution issue between brothers

Need clarification on regarding family property distribution. We are family of three brothers and my father married to two wives both are sisters, first wife died when my elder brother was 6 months old and my mother was married in 70’s to my father to look after my brother. We are basically from agricultural family background. we have 7 acres of agriculture land, my father received this propery as his share from my grandfather family. Now the issues is my elder brother wife threatening us saying they have full rights to claim all land as share than me and my brother as we are my fathers second wife son’s. She says according to law in 70’s only first wife has fully rights to enjoy the all 7 acres land. My father, younger brother and me want to divide the share equally between us. My younger brother and me are ready to give little extra share to my elder brother, as he is not educated but she refused. We are shocked by hearing her statement as we thought property share what we get my father will help us for our future. Could some one help me to understand the fact according to law.

Is that true what my sister-in-law claim. Do my brother and me has rights to enjoy our share.

Kindly help me to understand legally.
Thanks in Advance



 8 Replies

G.L.N. Prasad (Retired employee.)     31 January 2022

The law is that every legal heir of your father is Class 1 category and equally entitled for a share if your father died intestate.  For more details, contact a local advocate

1 Like

P. Venu (Advocate)     31 January 2022

Is your father and your mother (your father's second wife ) alive? Please provide the information.

Rakesh Kumar (Private)     31 January 2022

My mother passed away and my father is alive and he is with me.

G.L.N. Prasad (Retired employee.)     31 January 2022

Once your father received it as his share from his grandfather in his name, it is not ancestral property anymore, and he can deal with the property as he wishes.  Contact a local advocate with such documents and mutation records.

1 Like

Archana Pandey   31 January 2022

Dear Mr. Balamurugan,

As per Hindu Marriage Act, 1955 under Section 16, which says that the Children of the second marriage can claim equal rights over the property and falls under Class 1 legal heirs.

I believe this will ease your difficulties for sure.

1 Like

G.L.N. Prasad (Retired employee.)     31 January 2022

The presumption is after the death of his wife, his father has married the younger sister of his wife to take care of the son left by his deceased.  This is common in early deaths after marriage, the inlaws offer their daughter with the hope that the eldest son who left motherless takes care of his sister's son. (The general snow-white belief is that stepmothers are cruel)

1 Like

Parasar   02 February 2022

how did your father receive the property, is it though will or without a will

Rakesh Kumar (Private)     02 February 2022

Thank you each and everyone for your response.

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