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kapil dehuliya (owner)     07 August 2010

partion among heirs

hello.

my uncle had two wives.my uncle married second wife after the death of first wife.my uncle had one son from first and four daughter from second wife.so both the wife were legal.he had 40 acre land. at present my uncle is dead,and also the both wives.now there are only 5 heirs,

                         1 son (first wife)

                         4 daughter(second wife)

                         how will be property would be divded? will daughter have equal share ie 1/5 of total father assets.as the property was not divided before today. plz suggest



Learning

 8 Replies

Bhartiya No. 1 (Nationalist)     07 August 2010

Is it self aquired property of ur Uncle?

It will get divided in to two shares equally betwn 1st wife and second wife. The son of 1st wife will get  half of the share, and remaining half will be divided betwn 4 daughters of 2nd wife equally.

Above is as per me according to “Mitakshara School of family”, let us wait for the opinion of other experts, or u may cross check with any good civil lawyer.

Darshan Panchal (Advocate)     07 August 2010

all heirs i.e 1 son and 4 daughters are entitled to 1/5th undivided share in the land. However, any one of them can file a suit for partition in case any one of them desires to have the land partitioned. land was ancestral or self acquired does not make any difference in absence of any will or provision.

adv. rajeev ( rajoo ) (practicing advocate)     07 August 2010

each will get 1/5th share.  Daughter being a co-parcener she is also entittle to claim the partiton

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     07 August 2010

Darshan and Rajoo are right, each will get 1/5th.

kapil dehuliya (owner)     07 August 2010

sir,my uncle had the property from his grand father. some says 50%to son from first wife and rest 50% among 4 daughters from second wife,plz clarify,i am very confused

Adv Archana Deshmukh (Practicing Advocate)     07 August 2010

There is no legal difference in the status of the children from the first wife and the children from the second wife. All the children have equal right  and equal share in the property.  

kapil dehuliya (owner)     10 August 2010

thanks,to the persons who replied on my post, its so humble of u all,

kapil dehuliya (owner)     10 August 2010

sir and madam, partion would be dicided by tahsildaar or by judge of court,we had appliedfor partion,in tehsil,and the court(class 2) has given stay over the process of partion,as tehsil orders for 1/5,but the sn of first wife claims 80% of total assest(whole ancestral), do the judge of court( class 2) have right to stay on artion,as its the power of tehsil to partion.plz clear u wise people


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