Property dispute

raahat (Querist) 10 May 2013 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. The 3rd child wife is demanding her husband share in the poperty and also considering this property as ancestral property has also filed a case on behalf of her children as legal hairs of the above said property and asking for the share in the life of 3rd child without his will and interest.

Can we consider the above said property as ancestral property ?

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

Childern of the 3rd child who has no name in the property can ask their share in the property ?

Can wife or childern of the 3rd child who's 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 or her legal hairs in the life of her husband in the terms of his share in the said property ?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 10 May 2013
The property is owned by the persons in whose name the ownership title stands means there is no share for the third child born out of second wife of the deceased person. The property shall not be regarded as ancestral but self acquired property of the persons in whose name the same is shown in the title deeds.

The case filed by the wife of the third (say 5th) child is having no merits and the same shall stand dismissed.