All the 4 children and widow wife have equal shares in total property
A man having two children with 1st wife married 2nd wife after death of 1st wife and got two children with 2nd wife. He expired without executing will deed. What are the shares of 4 children and widow in ancestors and self acquired
All 5 of them will inherit property of the man in equal share.
In other words the widow and 2 children from each marriage will succeed him in undivided 1/5 share.
All would get equally divided shares amongst them as per Hindu Succession Act.
The deceased Husband will get property divided into two wife's 50-50% sharing ratio and accordingly their respective mother the children will get equal share in it, means both properties ancestral and self acquired.
Dear sir,
All the children's will have an equal share in the property you can apply for inheritance certificate in which all the party presence is required at the time of filing an application for IHC and based on which all the party will get equal rights/ share !
1. Since the man died intestate, the entitlement to the property devolves equally to his 2nd wife and 4 children, i.e., 1/5tg share each in self acquired property.
2. As per your narration, the person got married to the second wife only after the first wife expired, therefore, the ancestral property devolves equally to 2nd wife and 4 children.
- If, that man died without leaving a WILL , then his property , whether self acquired or ancestral ,would be devolved upon his legal heirs.
- Hence, his property would be distributed between 2nd wife and all children i.e. every body will get 1/5 share respectively.
1. Since Hindu Man died Intestate (no WILL), and IF Parititon of Ancestral property (must be atleast Four generations old) is not done, THEN "ALL" the residual legal heirs are entitled to EQUAL share of "ALL" property standing in name of deceased, without any exceptions, whatsoever.
Share of properties will be divided in five equal parts amongs 4 sons and wife of deceased as they are all legal heirs of deceased.
Since the second marriage contracted by the deceased was legally valid, his widow and children born out of second marriage are also entitled to equal rights to succeed the properties whether self acquired or ancestral at par with the children of his first marriage.