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Manikannan Pandian
in Family Law Criminal Law Property Law Civil Law
Asked October 11, 2017

Property dispute with a women claiming herself to be deceased brother's wife

  • 3 Answers

My grandfather owned 40 acres of land as his ancestral property. He married my grandma and they have 1 son (my father) and 2 daughters. My father divided 9.5 acres of land orally as his share after his marriage. My grandma died and my grandpa married once and they have 3 sons and 2 daughters. Simultaneously he lived together with another lady who have 1 son and 2 daughters and not married her. My father had owned that 9.5 acres for the past 50 + years. We are 3 daughters and 2 sons and I am the younger son. My 3 sisters got married and I also got married, but my brother is not married. My brother died last year and at the time of his death a girl who is cousin sister to him came into scene claiming as his wife with 2 sons. My father was dead last month. Now the lady who claims as my brother's wife is asking for half of the land as her share. Please advice to resolve this issue legally as we are not willing to accept as my brother's wife. Also the property is still in my grandfather's ownership. Please contact me @ 9884481495 and 9884420216 for detailed discussion and legal terms and conditions

Answers 3




Dear Sir/madam,

Every person who can prove his/her blood relationship with you grandfather in a direct manner, will be eligible to receive the share in the ancestral property. For this, he/she can approach the court as well, to establish his/her claim in the property. Subject to the condition that the property should qualify as an ancestral property and not as the self acquired property of your grandfather. The other condition being, that the person claiming to be the righful heir of the family proves to be so. There should be documentary evidences of a legal existing marriage + a child born out of a legal wedlock.

Agree Comment 0 Agrees over 3 years ago

it is a complicated question of law. the lady should have proof of marriage with ur brother like marriage certificate, photographs etc. if she dont have proof then you can dis entitle her from claming your property as wife of ur brother

Agree Comment 0 Agrees over 3 years ago

Hi Manikannan,

As it is gathered from the question that your father is holding (not owned) 9.5 acres for since last 50+ years. Your brother, who was officially unmarried, died last year. After his death, someone claiming to be his wife, having children also. If she is legally weded wife of your brother, then her sons are grand children of your father having all rights like you and your sons (if any). If the lady is not legally weded wife of your brother, then even if she claims to be wife, still legally she has only claim to the property of your brother (if any) and that too after proving her creditials. However, as it is said that "You can not sale what you do not own" exactly your father can not distribute as his property, which is not owned by him till date legally even after holding it for 50+years. And as you said even your father also died last month. So, you being the grand child of your grand father, who is still owner of 9.5 acres of land, please arrange to get its ownership rights transferred into your name (if ) your grandfather is alive till date or from his decendents. All the best. 

Agree Comment 0 Agrees over 3 years ago

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