Legal Question in Civil Rights Law in India

My late father had two wives. He had some property and some money. my mother [former wife] has two sons and my step mother [second wife] has two sons and 4 daughters . The problem is with division of property. the latter has been in possession of the property for long time. We now want to go the legal way to claim our rights. My question is whether the property will be split equally among all sons and daughters or are we [my mother] entitled to 50% of the share of property.

Asked on 8/06/13, 9:31 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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07.08.2013

Dear Sir / Madam,

If your father has left behind a Will, the beneficiaries named in the Will will have the legal right to the title of the property vide a Probate from the Court. If your father has died intestate (without making a Will) then your mother and your step mother are both entitled to 50% share of the property each, and 50% of the money. There are total 9 siblings of the two wives, each being entitled to a 1/9th share of the father's property. So you and your brother will be entitled to 22.22% (2/9th share) in the property. And your six step-cousins will be entitled to the remaining 77.78% (7/9th share) in the property. Since your step-mother and your step-cousins are in possession of the property, they will either have to pay up your 22.22% (2/9th share) in your father's property, or the property has to be sold at the prevailing market price and proceeds accordingly divided amongst all the legal heirs.

Regards,

Answered on 8/06/13, 11:12 pm

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