Pitchaiah Bathula
13 August 2015 at 02:47
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.
Claim for partition of ancestral property by 1st wife's grand children
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.