Two progenies whose mother had property in her name married to a person.?

Question

The mother passed away and following which the person married another woman again giving rise to 3 more progenies. What are the ways for the Two elder progenies to get their mothers property and if possible the fathers too. Is this possible, how much time will it take to get this dispute done (approx) ?
The elder progenies dont have any of the above documents. Father has passed away. How do u move ahead/steps with this case ?

Answer 1

The Step children to your mother, that is children from your fathers second marriage, won't inherit her property - only your father and you would inherit. Father's property again would be divided equally into his second wife - children from first and second marriage equally.

Answer 2

If there is a will left by the mother, no problem at all. Every thing goes as per the will. But there does not seem to be any will left, as per your narration.



Then the property goes to the legal heirs, equally, assuming that you are Hindus.



Two of her children and the husband.

For his three children by another wife, his share of the property goes, in which you two also get a share.

Again assuming that by referring to the "person" you mean your father.



Well ! You know that the courts are over burdened. How much time it takes is any body"s guess.

Answer 3

It depends where you live. Generally, you see a lawyer.



If the mother died with a will, then it's filed with the local court and there's an executor who has to follow the instructions. If she didn't have a will (which is more likely), then if her husband was alive it may hvae passed to him first, depending on the law. If he died first, then the state or place where she lives would have a rule on how it would be passed down to her progeny. Generally, her children would inherit.



Like I wrote, go see a lawyer, who will know the local laws.

Answer 4

The Mothers will is the only way to know how the property was left and to whom it was left. See a lawyer for advice.