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Roop Singh   02 May 2026

House related

Hi, There is a property in the name of husband and  He has 2 wife's and 3 children. Both husband and 2 wives are not alive. Now the property need to be divided. What is the proposinate of the share.

Regards,

Roop Singh



 5 Replies

P. Venu (Advocate)     02 May 2026

Each of the children are entitled for an equal share in the property left intestate.

Advocate Bhartesh goyal (advocate)     02 May 2026

Children of deceased have equal share i.e 1/3-1/3 each in the property. 

T. Kalaiselvan, Advocate (Advocate)     02 May 2026

If the deceased property owner was Hindu by religion then all the three children will be entitled for an equal share in the property left behind by their father who is reported to have died intestate

Dr. J C Vashista (Advocate )     03 May 2026

All 3 children have equal (1/3rd each) share in the intestate propery left behind by their deceased father.

Dharmendra Kumar (Advocate)     04 May 2026

As per the provisions of the Hindu Succession Act, 1956, particularly Sections 8 and 10, upon the death of a Hindu male intestate, his property devolves upon his Class I legal heirs.

In the present case, since the husband and both wives are deceased, the surviving Class I heirs are the children. Further, in view of Section 16 of the Act, children born from a second marriage are also entitled to inherit the property of their father.

Accordingly, all the children shall inherit the property in equal proportion.

Therefore, if there are 3 children, each shall be entitled to 1/3rd share in the property.

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