Conflict in division/partition of property
I am writing my query on behalf of my Dad.
We were Five brothers, Starting from A,B,C,D & E. A is the elsest brother and E is the youngest.
Long back A, B and C were married. C had two child daughters , when he died in 2004.
D was unmarried at the time, so he married his widow sister-in-law and took responsibility of both the daughters.
He replaced their father's name from late Mr. C to Mr. D and also taken also his borthers money, whatever was there at that time.
( His bank account , Savings, LIC etc )
This has happenend almost 7-8 years ago. Till now all the brothers ( left 4 brothers A,B,D,& E) , were together.
There was no issue with partition of their dad's property.
Now, when it came to partition, Brother D is asking that , the property should be divided into 5 parts and He should get
2 parts out of it as he has married his brother's wife and on the name of the kids he accepted , while marrying.
According to indian law and jurisdiction, Is that legal or valid, what brother D is asking.