Can second wife claim property
My grandfather i.e mothers father had a property, in his WILL he stated that" half of it i'm giving as a gift to my daughter and the rest to my children" . Now my granddad married my moms mom i.e my grandma and while she was still alive he had another women and she bore two boy child to my granddad. My mothers mom is first legal wife and she bore 3 children including my mom i.e 2 daughter and 1 son.
now granddad has passed away and my moms mom also.
the illegal second wife is alive her two children are currently occupying half of the property for 20 years other half my mom is occupied now my maternal uncle and my aunt want share but half brothers are not giving.
The half brothers say they claim right to half of the property ignoring my aunt and uncle, the property is registered still in my granddad and for 30 years no tax has been paid.
i know that illegal wife has no share but sons will get a small share ,so how does it work.also 2 wife grand children cannot claim property of grand dad? please elaborate, if illegal wife sons pay tax do they get ownership.
Asked 5 years ago in Property Law
Religion: Hindu
since they are occupying the other half for 14 years can they claim it through adverse possession,in the other half of the property the half brothers have built house g- floor and first floor ,elder half brother is staying first and other on top floor.
my mom i.e legal wife's daughter is occupying the rest.
my question is can they claim the property through adverse possession and if my mothers sibling who are denied the property by the half brothers ,if they file legal suite for partition should they vacate the house and demolish or the court would instruct us to build more floors,my maternal uncle does not own a house he is staying in rented one he has pleaded with them several times but they would not budge can we claim any harassment fine(sry if its a wrong word),and if my moms siblings file a suite how would things pan out ?
Asked 5 years ago