Legal Question in Real Estate Law in India

My father had 2 wives . He did not devorce his 1st wife.They did not have any children. My mother was his 2nd wife .There were 2 children from my mother, me and my elder brother. My father had lived with my mother for 25 years when he passed away. My brother also died in an accident 5 years after my father's death. Now according to the law how should my father's property be distributed among me , my mother and my father's first wife ?


Asked on 4/06/13, 3:09 am

2 Answer from Attorneys

Jayesh Desai Jayesh Desai

When did your father remarry, which year. If he married prior to bigamy - act coming in to force, both marriage would be valid. It is assumed that your father married after the Act came in to force, in that event, the property will be divided in to three equal parts, each of the brothers get one share and 1st wife gets one share. Out of the share of your deceased brother, you and your mother get one equal share.

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Answered on 4/08/13, 10:57 pm


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