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498-a/406, 125 crpc and permanent injuction.

This query is : Resolved 

Querist : Anonymous (Querist)
14 August 2011

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. 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 ?

Arvind Singh ChauhanOnline (Expert)
14 August 2011


No.during the life time of father.

No. during the life time of husband.



Dr Anil Kumar Singh (Expert)
15 August 2011

No, because it is not an ancestral property to be divided amongst legal heirs.



Yes, If the family is a combined family living together.

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