hello sir/madam.
I have a doubt on an ancestral property distribution.
My grandfather had 2 wives.1st wife had a son and the second wife has two sons.
He had his second marriage only after his first wife death due to illness.
He has 3 acres land, now my question is , how will this land get distributed amoung the sons?. I mean in what percentage will it be shared on legal grounds?
I request any of the legal expert to give me a suggestion on this.
Hello!
If the deceased person is a Hindu, his property will be divided according to Hindu Succession Act, 1956. If he has died without a will, he has died intestate and there will be the distribution of property among his first-class heirs, second class heirs, agnates and cognates on a priority basis starting from first-class heirs.
The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
And so on.
Section 10 of the Act deals with the distribution of the property of the propositus, among class I heirs. In your query, if the second wife is still alive then she will also have a right to share in the property.
The property of your grandfather will be divided equally among the three sons and his second wife if she is alive. If the second wife is not alive, then the property will be equally divided among his three sons.
Best Regards,
Vasundhara Singh
Law Student
