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drskshukla   01 January 2015

Rights in property

Hi All,

I want to know about the rules for division of property of my father in law between his two wives. My father in law was a Hindu, resident of District Khandwa, M.P., India. He performed second marriage after demise of his first wife. His first wife has five married daughters. He has died recently (on Dec 25, 2014) due to heart attack. His second wife is alive but she has no children from my father in law. His second wife desires to dispose off all the properties belonging to my father in law hurriedly without giving any share to the daughters of the first wife. I would like to know whether:

1) The daughters of first wife have any right in the property of their father.

2) The second surviving wife with no children from the second marriage has full right and can sell the property without any rider.

3) If daughter have share in the property, then how can they claim and get it without much legal wrangling, which they want to avoid.



Learning

 4 Replies

naveen arya (member)     01 January 2015

Property of your father will be divided into 5 equal parts. And will be distributed equally between four daughters and mother. If there is will it will be alienated as per will. Naveen Advocate (Biana) 9034823167

naveen arya (member)     01 January 2015

Property of your father will be divided into 5 equal parts. And will be distributed equally between four daughters and mother. If there is will it will be alienated as per will. Naveen Advocate (Biana) 9034823167

naveen arya (member)     01 January 2015

Property of your father will be divided into 5 equal parts. And will be distributed equally between four daughters and mother. If there is will it will be alienated as per will. Naveen Advocate (Biana) 9034823167

Subash M R (Advocate)     02 January 2015

1) The daughters of first wife have any right in the property of their father.

Ans:-Yes.equal share to each heirs provided your father in law died intestate(not having made a Will before he dies) of his self acquired/ancestral properties. 

2) The second surviving wife with no children from the second marriage has full right and can sell the property without any rider.

Ans:-If the above answer is true,no.She will get only her respective share as a legal heir of their deceased husband. 

3) If daughter have share in the property, then how can they claim and get it without much legal wrangling, which they want to avoid.

Ans:-By way of family settlement/arrangement or file a suit for partition with jurisdictional court.

 

Thanking you, 

 

 


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