498-a/406 ipc
raahat
(Querist) 07 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.
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 ?
M/s. Y-not legal services
(Expert) 07 August 2011
Except the second wife, the third child and the first wife, whose name not in the sale deed., view can claim their shares.. By proving that at the time purchasing, the two childrens are minor, and the two major childrens were no income.. So out of the husband/father's income only the property was purchased. By this way the first wife and third children can claim their shares.
ajay sethi
(Expert) 07 August 2011
i agree with tom that third child can claim share . when property was purchased the minor children had no income and property was purchased by father from his income
Advocate Rajkumarlaxman
(Expert) 07 August 2011
I agree with Tom and the third child also gets its share but how does it fall under 498a
raahat
(Querist) 08 August 2011
Thanx 4 ur advice experts......but if the 3rd child is not interested in claiming his share in the said property
1.Can d wife or childern of the 3rd child can claim in d property on his behalf ?
raahat
(Querist) 08 August 2011
The wife of the 3rd child has filed a case u/s 498-A/406 and 125 crpc against his husband, his brother along with their family (two minor childern who are now major) in the above mentioned property.She is calaiming the share of his husband from d said propery in a civil suit.
