498-a/406/ 125 crpc

raahat (Querist) 12 May 2013 This query is : Resolved
A property was purchased 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. 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. A settlement arrived between 3rd child & her wife. but The 3rd child wife is demanding her children share in the poperty.

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 ?

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Khaleel Ahmed (Expert) 12 May 2013
No
No
No
No

ajay sethi (Expert) 12 May 2013
3rd child and his wife cannot claim any share in said property . similarly his children will also have no share in said property .