Sakshi sharma (student) 01 August 2015

Can brother's widow get a share in an inherted property ?

My uncle was out of the family 35 years back. He died 15 years back and a month back my father died.

Now the uncle's widow is asking for a share when the fact was my father had served my grandparents all his life and my uncle was not a part of the family. Im the only daughter while my aunty has 3 sons and 2 houses of their own and yet she wants a share.

Is there anything that can stop them from claiming the benefit of inheritence?

My uncle did nothing to be called a son , can his widow still claim a share ?

can the tenency rights save us and make us the sole owner?

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4 Replies

saravanan s (legal advisor) 01 August 2015

how did your grandparents property devolve after their death.did they write any will on your father or they died intestate.in the latter case the widow of your uncle is entitled to get her husbands share and you cant refuse.

Sakshi sharma (student) 01 August 2015

No he did not write any will. Can't we be deemed owners of the house ?we are staying since my grandfather's death. Can there be any benefit of the tenancy rights ? Thanks for the reply BTW. Il be happy if I get more clarity here.

Kumar Doab (FIN) 01 August 2015

The share of the husband shall devolve upon ClassI legal heirs of the deceased son ( husband of the lady). Wife is one of the ClassI legal heirs,alongwith mother (of the deceased son), children.

All of them shall have equal share in share of the deceased son(husband).

The wife can claim and approach for partition.

T. Kalaiselvan, Advocate (Advocate) 08 August 2015

Firstly your notion about the property and its inheritance is wrong, you cannot deny the relationship of father and son. Whether your uncle was there with your grandparents or not, his relationship with them is by birth so that makes him entitled to a share in their intestate properties, therefore upon his death, his legal heirs are automatically entitled to that share in the property. If you can understand this simple position of law, the legal dispute/battle or litigation can be avoided, an amicable partition can be drawn and money, time and energy can be saved which may tend to be lost due to non-understanding of the issues.

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