Legal Question in Real Estate Law in India
property dispute revolving around 1st wife husband and 2nd wife.
House(bought in 1946) Sale deed is in 1st wife's name, but money paid by husband which is clearly mentioned in sale deed's office use column.
The 1st wife has 5 children.
After death of 1st wife, husband marries 2nd wife legally. The 2nd wife has 5 children.
Husband dies leaving 10 children and 2nd wife.
After that the 1st wife's 5 children leave the house.
From past 50 years Only the 2nd wife's 5 children are living in the house paying all the taxes, electricity bills and water bills.
2nd wife dies leaving behind her 5 children and grandchildren.
Also from past 50 years khata is in 2nd wife's name and sale deed still in 1st wife's name.
Now after 50 years the 2nd wife's grandchildren are claiming that the house belongs to their grandmother (since sale deed is in her name still).
How can 2nd wife's children and grandchildren claim the house in which their are living from past 50 years
1 Answer from Attorneys
It is first wife who was absolute owner of property and neither second wife nor her children have any right or title or interest in First wife property even if sale consideration was paid by husband and such payment does not create any ownership title to husband. Mere payment of house tax, electricity and water bill does not confer any ownership right to second wife and her children. So claim of grand children of first wife are fully entitled to retain their property.
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