Legal Question in Real Estate Law in India
My Father has 2 wives.First wife died due to cancer , she has 1 son.After that my father married my mother and my mother has two childerens me and my brother,my father died recently we want to divide properties my father's first wife son says he wants half of the property that is half property for first wife and half property for second wife.I think that my father's first wife son one share ,my mom one share for me one share and another share for my brother. My mom(2nd wife) is still alive
2 Answers from Attorneys
since father has died intestate (without will), each member has one-fourth share. that is son from first wife has 1/4th, second wife 1/4th you 1/4th and brother 1/4th if marriage with second wife was after the death of first wife. However, if marriage took place during the life time of first marriage, then each son will have 1/3 rd share and second wife will have no share.
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