Legal Question in Family Law in India

Sir,

I stay in Rourkela City of Orissa State , INDIA

My father married twice , the second marriage was after the death of the first wife

My father had bought a residential property in the joint name of his brother and himself.

My father has expired leaving behind one son and one daughter from his first wife , his second wife and two daughters and one son (myself) and from his second wife. My Mother (second wife ) and 3 children have the same views whereas 2 children from the first wife have separate views regarding the property share.

He has not left any will or succession notice behind.

It is understood that one half will go my father's brother as he is also a co-owner of the property.

What rights do my mother have in her share of the second half of the property ? Is she the sole rightful owner of the property or do the 5 children and the grand children from both the wives of my father also have any right in that property ?

does she have the legal right to divide the property in consent with her late husband's brother or does she need he consent of the 5 children from her husband.

Please guide me Sir because my mother and my late father's husband are in good terms and want to settle the dispute with my mother willing to sell off her share but 2 children from the first wife are creating obstacles in the deal and wanting undue advantages.


Asked on 6/28/16, 11:19 pm

2 Answers from Attorneys

1) Ur fathers share will be divided among first wifes son, daughter and second wife each 1/3rd share.

2) Second wifes share will be divided among u all along with ur mother.

3) Full details required for further evaluation.

4) U may call for paid consultancy on phone 09866265466 zero nine eight six six two six five four six six with further details.

Read more
Answered on 6/28/16, 11:35 pm

Dear client children from first marriage have also equal state as with u and mother in yr father's property. So for selling property their consent is just. For any legal help call me

Adv prasad patil

9604349028

8446247807

Read more
Answered on 6/29/16, 1:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India