Help me plz............................:(

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved
A property was purchased by the father in the name of 2 minor childern of the first wife and 2 major childern of the 2nd wife. the mother was the guardian in the minor childern and paymnt was made through her. some time later a 3rd child was born. which has no name in the mentioned purchased property. Property was divided between the 2 minor childern and the other major childern. Both father and mother has died without any will. it is also pertenent to mention here that the wife of third child has filed a case u/s 498-
a/406 against the husband and in-laws including the minor child family. The 3rd child wife is demanding her husband share in the poperty. It is learnt by some reliable sources that a partition of property has been done by the punchayat and same has been endrosed by the civil court. But unfortynatly no original court verdict copy is availble except the photocopy. on enquiring from the record office it is learnt the file of the said case has been shreded. She has also filed a 125 crpc in which court has granted interim maintainace of Rs. 4000/- p.m. and outstanding is around more than 2,00,000/-.

Can the 3rd child who has no name in the property can ask for his share ?

Can the childern of the 3rd child who has no name in the property ?

Can wife of the 3rd child who has no mame in the property ?

Can wife or childern of the 3rd child who name is not in the said property can ask the others brother to provide share ?

Can the court grant reliefe to the 3rd child wife in the terms of his share in the said property in lieu of the maintanance ?

can v submit the photocopy of the partition order in absence of original ?

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M/s. Y-not legal services (Expert) 16 August 2011
Dear author, already last week you posted this same query and also got some replys regards your query.. Now again you posted this with some altered wordings. Post it on your earlier thread or paste here your earlier query and replys.. Please.

prabhakar singh (Expert) 16 August 2011
repeaters please excuse,this is like to misuse our free service.

Querist : Anonymous (Querist) 16 August 2011
I M IN A VERY DISTRESS POSITION DUE TO THESE FALSE CASES. I M NOT GETTING A SATISFACTRY REPLY FROM ANY ONE. THAT WHY I REPEATING MY QUARY. IF MY WIFE ASKING 4 A SHARE IN THE OVER SAID PROPERTY FROM THE COURT AS SHE CLAIMING IT AS AN ANCESTRAL PROPERTY AND 125 CRPC SHE ASKING 4 THE SHARE IN LIEU OF OUTSTANDING BALANCE

Querist : Anonymous (Querist) 16 August 2011
ADVISE ME WHAT REMADY IS LYING FOR ME IN EYES OF LAW OR WHAT ACTION I HAS TO BE TAKEN.

prabhakar singh (Expert) 16 August 2011
If the 3rd child can not claim any other claiming under him can not claim. The third child right to property purchased in name of two major and two minor children can be CLAIMED only on showing that property was Benami(OSTENSIBLE OWNERSHIP) bought from FUNDS &sources of father/or common ancestor Of all five children AND NOT FROM PERSONAL FUNDS OF THOSE 4CHILDREN.
ONE THING MORE FACTS PUT BY YOU ARE STILL CONFUSING,THAT IS WHY PERHAPS YOU ARE NOT GETTING POINTS TO CATCH IN ADVISES GIVEN TO YOU BY DIFFERENT EXPERTS.

A PROPERTY RIGHT AND RIGHT TO MAINTENANCE ARE TWO DIFFERENT RIGHTS .THE FORMER GIVES ONE RIGHT TO SHARE BUT THE LATER ONLY CONFERS A RIGHT TO CREATE CHARGE OVER THE PROPERTY.HENCE RIGHT TO MAINTENANCE CAN NOT BE CONVERTED AS OWNERSHIP BUT PROPERTY CAN BE AUCTIONED IN CASES OF DEFAULT OF PAYMENT OF MAINTENANCE AWARDED BY COURT.

YOU CAN THERE FORE CONCLUDE THAT IF SUCCESSORS OF THIRD CHILD WANT TO SUCCEED IN CLAIMING A SHARE IN PROPERTIES BOUGHT EARLIER IN NAME OF 4,THEN THEY NEED TO PROVE IN COURT BY A SUIT THAT IT WAS PURCHASED NOT FROM FUNDS OF THOSE 4 BUT FROM FUNDS OF COMMON ANCESTORS OF ALL 5.

ashok kumar singh (Expert) 16 August 2011
do not post your query on the several occasions, consult Ld. Advocate in your vicinity. thanks.

Help me plz............................:(

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