Partition rights

Mahendran (Querist) 25 March 2024 This query is : Resolved
Please clarify my doubt, My great grand mother had a property in her name and the same was given to her daughter which is my grandmother (First wife of my grand father) and intern the same was settled to her children's,

Doubt -Grandfather had 2 wife's, can the settled property again be partitioned between family of first wife children's and second wife and to his children's?
if done is that valid?

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This discussion clarifies partition rights for a property originally gifted to a grandmother from her mother. The property was then settled upon her children from her first marriage. The question arises whether the grandfather's second wife and her children can claim a share of this property. The consensus is that property gifted to the first wife is her absolute property, and subsequent transfers to her children without involving the second wife are legally valid, as the second wife cannot claim ownership unless she legally inherited it.

T. Kalaiselvan, Advocate (Expert) 25 March 2024
The property given as gift to first wife shall be her own and absolute property and there is no legal infirmity in it subsequently if that property was subsequently transferred by the grandmother to her own children without giving any share to the second wife or her children,

kavksatyanarayana (Expert) 25 March 2024
A second wife cannot claim the property of the first wife unless she has legally inherited it through a a gift deed.

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