Legal Question in Real Estate Law in India

Hindu succession of joint family property

Case pertaining to Karnataka state.

My father was handed over a piece of ancestral property. He was married to my mother from 1979 t0 1999. With my mother, he had 2 sons, my brother and me. They got divorced and he married another woman in 2000. After 4 years of marriage with the woman, my father died intestate in 2004. What is the proportion of the TOTAL property that each of the following people have to get?

1) Me

2) My brother

3) My mother (divorced wife, now remarried)

4) My father's wife at the time of his death (as yet not remarried).

Some additional information. My father's parents are both dead. My father was married to my mother when he inherited the said piece of ancestral property. i.e when Both my granparents died.


Asked on 12/26/06, 8:29 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Hindu succession of joint family property

As far as your mother is concerned, she will have rights as determined by decree of divorce. Generally, a divorced wife is given maintenance, which is either one time or periodical. As regard you, your brother and your step mother are concern, they will inherit all the estate of your father equally.

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Answered on 12/27/06, 2:34 am

Re: Hindu succession of joint family property

As per hindu succession Act you, your brother and your step mother are class - 1 legal heir of your deceased father and are entitled to have equal share of you father but in no case your real mother,who is now remarried,

is not entitled to any share of any kind in the property of your deceased father.

For any other query/assistance you may cal on my mobile 9873343288

Thanks.

Siddharth

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Answered on 12/26/06, 11:41 am


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