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Mahendra Thale (Account Manager)     29 November 2011

Stepchild right in fathers property

Mr. A & Mrs. B had one female child. Mrs. B dies in accident.  After one year Mr. A marry with C. Mr. A & Mrs. C gave birth to four male & three girl childrens. Mr. A dies without any will. After some years Mrs. C was also dies without any will. Presently all four sons & four daughters are married.

Whether all these eight persons will get equal share in Mr. A’s self generated property, or Mr. A’s first wife’s daughter will get 50% share and remaining 50% to second wife’s children (four sons & three daughters) .


 7 Replies

Kirti Kar Tripathi (lawyer)     29 November 2011

It parties are hindu, all wil get equal share.

kuldeep kumar (lawyers)     29 November 2011

yes all will get equal shares

Mahendra Thale (Account Manager)     29 November 2011

Thanks for reply. Is there any case law regarding this. Will your answer change if daughter of first wife & one of the daughter of second wife is widow?

Advocate Vishnu (Advocate)     30 November 2011

Dear Mahendra thale,

All are entitled to equal share in A's self acquired property.This status will not change even if the daughter of the first wife and one of the daughter's of second wife is a widow.

Mahendra Thale (Account Manager)     30 November 2011

In above case all four sons are cultivating some part (not equally) of fathers total agriculture land since last twenty years. In case one son filed suite for equal partition, Whether each son get preference over the part of land cultivated by him.

Mahendra Thale (Account Manager)     30 November 2011

Please suggest any case laws regarding this.

Advocate Vishnu (Advocate)     30 November 2011

Dear mahendra,

When a suit for partition is filed and after adjudication of rights, sometimes preference is given to the person initiating the suit and his possession over the said undivided property.

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