How will property be divided among heirs and reclaim land rights?

My father married my mother, who passed away one year after my birth. He subsequently remarried and has four children (three daughters and one son) from that marriage. My father owns 50 acres of property. How will this property be divided among us, and what share will I receive? Additionally, I own 40 acres of land inherited from my maternal grandfather. My father's brother took 20 acres of that land as a gift deed when he and my father partitioned their properties 30 years ago. Can I reclaim that 20 acres, considering my father and his brother had no right to it? Lastly, can my father's second wife's children claim a share in my father's property? Please provide legal advice on these matters.

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 20 Nov 2024

If your father dies intestate, the property will be divided as per the Section 8 of the Hindu Succession Act 1956. The property is equally divided among all Class I heirs which includes the surviving children from both marriages of your father and the second wife. The property is divided into 6 equal shares and you receive 1/6th share of 50 acres if no gift deed or will. File a declaratory suit under CPC 1908 to declare ownership over the 20 acres.

Admin
Advocate By LEAD INDIA Answered: 09 Nov 2024

Sir, this case requires brief discussion so it is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.    

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