Recently, my father expired and he is survived by two wives, one unmarried son, and one married daughter, from each wife (total four children). I am the son of second wife. My father was a retired state government of Karnataka employee. My mother and step mother are also retired state government employees. My father has not left will on any of his ancestral or self acquired property. Few days back we went to negotiate for the division of property. We are not satisfied with the negotiations as they are offering less than ten percent of the total value. Also my mother has earned significant amount of property during her in-service period which coincides with the period in which my father lived with my mother. We have already obtained family tree and survivors certificate from Tehsildar which includes names of both families. My question is that, what are our rights on my father's property if any of us will file a partition suit? Will there be any problem to my mother or properties in her name? If they claim that she has earned these properties due to my father(which is not the fact). Please enlighten us about possible consequences.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
If the property has been purchased by your mother through her income then they can not claim the same.
The property that has been left by your father and has not been willed will be distributed as per the Hindu Succession Act.
You have the right on ancestral as well as the self acquired property.
If the due share is not being given to you then file a partition suit.
Regards
1. Since your mother was the 2 Nd Wife(when the first wife is alive), your mother does not get any share in your deceased Father's property.
2. The first Wife and her 2 Children, you and your Sister are entitled to equal share in the property left behind by your deceased father. In other words, each legal heir is entitled to 1/5th or 20% share in the property left behind by your deceased father.
3. You and your Sister (2 Children from your father's 2nd wife) are entitled to equal share and on par with your father's 1st Wife and her 2 children in the ratio of 20% each.
4. In case, if the issue cannot be settled through talks, then file a case in Civil Court for Declaration, Partition and separate possession of the property by metes and bounds.
5. Nobody can say and claim that your mother's property in her name was financed by your deceased father, since your mother was also a Government servant and had put in sufficient service which enabled her to buy the property.
1)second wife has no share in husband properties
2) you can file suit for partition for division of properties by metes and bounds
3)you have one ninth share in property as your step mother and other siblings
Sir,
Though you are son of the second wife, you have equal right to inherit the property left by your father, whether ancestral or self acquired. Your mother, being second wife, does not have status of a legally wedded wife and hence, she can not claim any share in the ancestral properties. However, you will have 1/4th undivided share in the ancestral as well as self acquired properties of your father ( if his mother is alive, then 1/5th). You can file a suit for partition of joint properties, both ancestral as well as self aquired.
Your mother cannot file a partition suit. But she can file a civil suit.
Hi , you are a legal heir and equally entitled to the property .. You can file a civil suit of partition for property .. The rest are matter of trial .. Even if the property was purchased by the income of your father , you have a equal share in the property
as per Hindu law second marriage is void during the life time of first wife. so marriage of your parent is not legally valid and your mother being the second wife of your father has no legal status but the children begotten from second wife are entitled to get the equal share of properties as children of first wife. the certificate from Tehsildar will not help you more save and except to prove your father's name. you are entitled to file partition suit against your step mother and brothers and sisters. the property standing in the name of your mother will not be affect in any manner.
Children born of the second marriage and not the second wife, are entitled to a share in the property of their father. Thus, you can claim an equal share as that of your father's children from the first wife.
Go ahead and file a partition suit seeking your Share.
All this will is no way affect the self acquired property that your mother owns.
You and your own sibling along with yor step siblings and the step mother are entitle to an equal share in your father's property.
Your mother may not be entitled to any share in his property since she is second wife and the second wife is not recognised as legally wedded wife while the previous marriage was not dissolved by a decree of divorce through a court of law.
You can file a partition suit claiming your share, let the court decide about giving the shares to the share holders accordingly as per law.
