Third party in partition suit

The children of first wife are entitled to a share in that property as a right, the earlier suit filed by them was dismissed for default hence it will not be barred by res judicata.

The BDA has erred by considering the title to the  second wife on the basis of the Will.The testator i.e., the father of the children could have transferred only his share in the property to his seond wife and not the entire property hence the bequest of full property to second wife is invalid.

The children of the first wife along with their father are the legal heirs of the first wife hence they can claim their rightful share in the property.

If you have purchased this property without obtaining legal opinion then you are at loss because it is not known when the property can be seized by court order on the basis of the partition suit.

Sir, 

At the time of demise of W1, first wife sons were minors, limitation period of 3 years, right to sue, when they become major does it apply? 

Whether the children of W1 were minor or major it do not debar them from inheritence of the property left behind by their mother, the titleholder, they (sons) can claim their right within limitation.

Sir, no Final judicial order or extrajudicial order passed until now. 

The rights to the property is protected, hence they can claim partitiion or their entitled share anytime, it is not barred by limitiaton

Sir,

I took  legal opinion and even bank loan. 

 1,all offsprings in plaint submitted that Widow W2 is Kartha of the said property. Hence it's her duty to distribute their shares. My question is WidowW2 can become   a Kartha of the family, when no NOC given by offsprings.

2, In plaint mentioned that  " they have allowed alienation for third parties thinking that W2 will distribute their respective shares. She failed to do so. Hence we are approaching court".

3, sale proceeds of the said sites invested by S2 in another property and asking share in that also. They are voluntarily submitting all this.

I want to know where should I take legal shelter.

Thanks

The legal opinion what you obtained may be an eye wash opinion which might have been rendred on the basis of the documents produced by you, it will not be sufficient, you should have taken a second opinion from another experienced lawyer to be doubly confirmed about all suh issues.

Well since the matter is before court, you may have to follow it up through your lawyer regularly and don't maintain a casual attitude at least now on.

Follow the advise of your lawyer as s/he is well aware about facts and circumstances, an able, competent and intelligent enough to contest / proceed as per law.

Seeking second opinion on the basis of limited facts posted by you, may prove to be disasterous and disturb the case.

After the demise of W1, the property devolved jointly upon H and the two sons by W1. The Will executed by H could only be in repect of his share in the property held jointly with the two sons. It makes no deifference that the Will is registered. 

All the subsequent transactions could only in respect of the said one-third share in the property.