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Property share issue

romendro2 20 Aug 2014, 10:43

My father do a registered gift deed(property) to my mother(2nd Wife) on 2006.My mother died on nov 2011.My mother leave 1 daughter and 3 son.Now my father want to divide the property in 1/5.Even my Sister do like to have her property share(My sister is already married having 2 son with 4 to 5 yr old) .Now 2 of us(elder and younger) brother opposed to divide the property in 1/5th share. We 2 brother want in 1/3th share. Can you please give us a LEGAL advice(my father has 1 daughter from 1st wife,1 daughter and 3 son from 2nd wife,none from 3rd wife).

Is it true that since my father(husband) has registered gifted his property to wife(my mother who is 2nd wife),my father(husband) will not own any property right . And the property will be share among 3 son and 1 daughter.(if the property was gifted from mother father(i.e grandfather) to my mother i have heard that it will be share among… sons and daughters and the husband..,but since the land has been transferred from husband (not mother father i.e grandfather) to wife i have heard tat it will be shared among son …not father)

Please check whether this diagramme is correct or not

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