Claim for partition of ancestral property by 1st wife's grand children
Pitchaiah Bathula
(Querist) 13 August 2015
This query is : Resolved
Sir, this my daughter's in law case.
Mr Gangaiah had two sons n one daughter to his 1st wife. After her death he married 2nd wife n had two sons n one daughter. He devided his whole property in five parts 4 parts for each son n one part for himself n his 2nd wife. He further written in partition deed that his part be for his wife towards maintenance after his death. Since 2nd wife's children minor at that time he kept all 3parts with as guardian for two sons. He died in 1970 n his 2nd wife continuing keeping whole 3 parts of property. She also died in 1980. The sons become major n enjoying whole property jointly. In 2011 they separated n divided the 3 parts of property equally by them. 1st wife's sons n daughter expired n their children are alive. 2nd wife's daughter married n living separately had children.
Now 1st wife's grand children (son's sons n daughter's sons) claims that the property belongs to their grand father ie one third of property which 2nd wife's sons holding, should be devided among all the six members of his family ie 1st wife's two sons n one daughter and 2nd wife's two sons n one daughter. 1st wife's two sons n one daughter died long back, their children alive.
2nd wife's sons claims that his father has consented his share of property their mother's name and after mother's death, naturally that property belongs to them ie two sons n one daughter. With the consent of their sister the property is devided among them .
Sir, kindly clarify whether the claim of 1st wife's grand children is acceptable legally.
Guest
(Expert) 13 August 2015
The Consent Documents to be Legally Verified.Basing on its Validity you Could Decide.
Rajendra K Goyal
(Expert) 13 August 2015
Consult local lawyer and show him all the documents.
Kumar Doab
(Expert) 13 August 2015
It believed that the deceased Mr Gangaiah was Hindu and his property was self acquired and partition deed written by him was registered.
The share that each family member received after partition (five parts 4 parts for each son n one part for himself n his 2nd wife.) should have acquired the status of self acquired by each family member.
After his death the 2nd wife became owner of the share left by her husband................and this should also have got status self acquired for her.
After the death of 2nd wife her full share
shall devolve upon her children, since her husband is not alive.
P. Venu
(Expert) 13 August 2015
How is the property ancestral?
Kumar Doab
(Expert) 13 August 2015
If the deceased Mr Gangaiah and his 2nd wife was Hindu then:
The children of 1st wife are step children of 2nd wife of Mr Gangaiah.
If the 2nd wife became owner of her share given by her husband thru (registered partition deed) and the share (of her husband) left by her husband for her...............then it becomes her absolute property.
Here you are talking about heirs of deceased female Hindu.................When the property in question is the absolute property of a female Hindu it has been held to devolve first on HER children as provided in Section 15(1)(a) of the Act and then on other heirs....................HER CHILDREN are alive. Hence her children (not step children) will succeed to get her property.
The stepchildren will come in as heirs only under Section 15(1)(b) or 15(2)(b.
Since children from the womb of 2nd wife are alive they will succeed her.
You may wait for advise of other experts/members.
Pitchaiah Bathula
(Querist) 14 August 2015
Sir, The ptoperty, small portion come from Gangaiah's father n major portion of property self acquired by him.They r hindu family.while deviding, it was clearly mentioned in the registered partion deed that his part of one third should belong to his 2nd wife with full rights after his death. At the time of his death the children two sons were minor , she became guardian for them maintained the whole property of 3 parts. After her death both sons became major n lived undevided for some time n in 2011 they devided the property equally.
Local lawyers were consulted, some says since father n mother r died the one third may be devided among all children ie 6 parts.
Some leading lawyers say , the property one third belong to 2nd wife uncondional n with full rights, hence it belong to her own children including daughter.
I will try to submit the document
Dr J C Vashista
(Expert) 14 August 2015
Since major part of property was self acquired of deceased Gangaiah the children of 2nd wife has equal share and similar for the children of 1st wife, in the property devolved through the partition deed.
However, show the document to a local lawyer for better appreciation, analyses, opinion and advise.
T. Kalaiselvan, Advocate 
(Expert) 25 August 2015
From your narration it can be seen that the properties were self acquired properties to a major extent and inherited (by partition or settlement) to a minor extent, altogether branding them as Gangaiah's own property which was disposed by him during his life time as per his desire and intention. Therefore the partition and other settlement are fully valid and any claim made to a share by any person other than the beneficiaries named therein shall not be maintainable or tenable in law.
The intestate share of property left behind by the 2nd wife of Gangamma shall devolve equally on her own legal heirs and the legal heirs of her husband are not entitled to any share in it.
