They have a share in the parental property but not in th3 ancestral property as they are the children of the second wife while tge 1st was alive.
Property share of daughter
1. GrandFather's first wife grandson has sold the agriculture land 2. After 3 years of being sold, GrandFather's second wife daughters are claiming share in agriculture land. Does the Grandfather's second wife daughters have claim over the property and if so what is the share they have ? What documents they should produce to prove they are Grandfather's second wife daughters ? They are from village and do not have birth or death certificates of grandfather or grandmother
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
1) on grand father demise his property would devolve on first wife , children of first and second wife . they have equal share in property
2) they must be having ration card , school leaving certificate which mention their parents names
3) they have to file suit to set aside sale deed and claim equal share in property
1. Grandfather's second wife's daughters are entitled to equal share on par with other legal heirs (children from first wife).
2. Grandfather's second wife's daughters have to produce verified Genealogical (Family) Tree or legal heirship certificate to prove that they are granddaughters.
3. Duplicate death certificates of their grandparents can be obtained from the jurisdictional Corporation/Municipal Office/Grama Panchayat office.
Person who has bought property from grandson has spent lakhs of rupees on developing the agriculture land, building fences, put crops, build house, sheds etc. also the property is in between other properties he has bought from other farmers which have no issues. How can this be sorted out ? is there any chance for the person who has bought his property to fight this case in court and win ? Can out of court settlement be done with that grandfather's daughters ? What legal documents / agreements have to be done for out of court settlement so they don't file case ?
Asked 4 years ago
Purchaser cannot win the case
amicable settlement is best option
3) pay daughters x amount in full and final settlement of claims
4) register agreement entered into with daughters for purchase of their share in property
- As per law, the daughter of second wife can claim share over the property left by her father, if she is having proof to be the daughter .
- She will have to present the birth certificate /school certificates with the name of her father for proving her paternity.
- Further , death certificate of father is also mandatory for claiming share in the property .
- can settle the dispute out of the court after entering into family settlement deed , and registered the same.
If the grandfather is reported to have died intestate then the properties left behind by him shall devolve equally among all his own legal heirs which includes his children born to him through his second wife.
The children of second wife are the legal heirs of their deceased father, they may obtain legal heirship certificate from the revenue department to prove this.
If the children of second wife of the deceased decide to have their share of property through court , they can approach court with a suit for partition claiming their rightful share in the property.
They cannot be prevented from exercising their rights and the right to their share in the property is provided in the law of succession and also protected by constitution.
You may talk to them and can arrive at a compromise settlement by which they can ratify the sale of their shares in the property by their half brother by a registered deed.
1. The biological children, regardless of the legitimacy of marriage, succeed to the property of Hindu male.
2. You have not mentioned who all are the surviving heirs of your grandfather,hence not possible to compute individual shares.
3. Second wife's daughters can file a suit for partition to cull out their shares.
4. Without documentary evidence to prove that they are daughters of this man their claim will not survive in the court.
Hey,
Yes, they do have the right to share in the property. But since the property has already been sold, the amount received out of it can be shared among all the legal heirs and a legal heirship certificate can be obtained for the same.
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