raj Kushi 20 August 2021

partition between 2 wifes childrens

A married B and C two wifes.....A was purchased 3 acre land in 1965.
B -got 2 sons
c -got 5 childrens
now A B C are died
1st wife leaving behind 2 sons and
2nd wife leaving behind 5 children's
how the property will distribute as per present law ?

is it 1/7 th share each ?
or
1st wife sons will get 1 share and 2and wife children's will get another 1 share?
which is correct position

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7 Replies

Advocate Bhartesh goyal (advocate) 20 August 2021

Each children will get 1/7 share of deceased father's property.

Kevin Moses Paul 20 August 2021

As per your query let me tell you that firstly that bigamy is an offence as per Indian Law which means that 2nd marriage is said to be void if the 1st wife was alive while the 2nd marriage took place as well no proper divorce was commenced between the husband and his 1st wife.

However, even illegitimate son's and daughter's of a person will have same rights which are enjoyed by legitimate children over the property of their parents.

Thus, now the property will be distributed EQUALLY AMONG ALL THE CHILDREN (i.e. descendants from both the wives).
Hence, property distribution will be in 1/7 ratio, giving all the children equal rights to their fathers property.

Hope It's Clear!

Regards
Kevin M. Paul

Dr J C Vashista (Advocate) 21 August 2021

I agree with expert advise of Mr. Bhartesh Goyal and Mr. Kevin M Paul, each one would be entitled for 1/7th share.

What is your concern / problem / locus standi.??

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 21 August 2021

It is presumed A died without writing a Will in which case all children including the children of the second wife shall get equal share. All the legal heirs may opt for a Settlement Deed with the help of a local Lawyer. The Deed needs to be Registered.