Isson entitled toget1/2share ofthe father'spropertygotby himthrough partition of ancestralprop.as birth right

Question

father got the property through partition of the ancestral property. He died intestate leaving his his wife,one son and two daughters

Answer 1

This case which I presume relates to a Hindu Family in India. The father who got the ancestral property through partition became his self acquired property after such partition. In case the son was born before this partition, the son too gets a share in this ancestral property as a Copacener, but if he was born after this partition he cannot claim any share in the ancestral property which was already partitioned between the existing Coparceners before his birth. In this case what I can see this ancestral property was partitioned before the birth of the son hence he cannot ask a share out of such property, he could have asked for a share even if he was conceived by his mother before such partition. Now as the position stands, the share of the ancestral property which the father got as his share became his self acquired property & he died intestate i.e. without leaving any will or testament regarding disposal of such property after his death, hence the entire person who were covered in the class of heir 1 as provided under the Hindu Succession Act,1956 & gets a share in such property. In this case the mother, i.e. his widow, son & two daughters all are heir 1 & each gets a share of his property. This is the legal position for Hindus in such cases.

Answer 2

NO. how and where from father got the property is immaterial. the fact is that father died intestate leaving behind his legal heirs and successors of his estate,where all the legal heirs are joint owners having equal share in the said estate. when father had not discriminated by publishing any will, question of getting extra out of nothing can not arise.

Answer 3

if the property was registered in your fathers name then you mother, you and yiour two sisters are entitle to equal shares ( 25 % each ) If the propertry is still in name of your grandfather, then all your grandathers children and grand children have an equal share ( like your chacha, bua etc )

Answer 4

Where?

Laws probably vary from country to country.

I'd say 1/4, not 1/2, given that there are four survivors.

OR it all goes to the mother.

Answer 5

if all children are minor it goes all to the mother