Ancestral Property distribution
27 Jun 2015, 13:04
If a person does 2 marriages, and have one son from 1st wife and 2 sons from second wife. The person was holding ancestral property . Now the property was divided into two parts without any will between the step son(his mother died) and one of the wife of the person. Now when the person was dead his remaining widow was looked after his own son till she died.
Now my question is the share belonging to his widow will be divided between his original 2 sons or will be divided between all his sons including step son. the question is asked in reference to ancestral property without will.
2 Replies
I understand you are trying to ask whether the ancestral property of a person will be given to his step sons. The answer is no as step sons do not get a share in the property , however if the step son was adopted legally ( check Hindu adoption and maintenance act 1956) then the adopted son will also get a part in the ancestral property and will be liable to ask for division as a coparcenary. Not otherwise. I hope this will clarify your problem
Hi
the solution is not simple and straight forward.
couple of questions
a) 2 Marriages- In hindu law, the second marriage is void, if the first marriage is subsisting. this needs to be discussed.
b)How was the property partitioned between the step son and the wife of the other person - was it by will or by gift. Because in case of ancestral property the person has no right to will/gift way the entire property as others will have rights over the same to a certain extent.
c) Share of the widow- the share of the widow will devolve only on her son’s and not on the step son.
but to ascertain the share of widow, we need to know answers to point a and point b.
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