Property dispute between sister and brother over elder broth

This query is : Resolved 

Querist : Anonymous (Querist)
16 July 2019

Respected sir my query details as follows, please provide your valuable solution.

1.My grand father[mothers father] has 1.elder son 2. Daughter 3. younger son.
2.After death of my grand father and grand mother the property was shared{by partition} between elder and younger brothers only.
3.The elder brothers wife was died in the year 1992. and he died in the year 2011. This couple are not having any children[male or female]
4.The younger brother not applied for succession or mutation of elder brothers property during his life time.. He also died in the year 2015 leaving behind a widow only. This couple are not having any children[male or female]
5. Now my mother is the only surviving member of my grand fathers family.
6.My mother has applied for mutation of her elder brothers property in her name in the Tahsildars office.
7. But the younger brothers widow submitted objection with the tahasilder cclaiming that she is alsohave share in the his husbands elder brothers property.
8. Can she claim the same? What extent?
9.Will my mother get entire property of her elder brother?

Please advice and provide any judgments citations to produce before the tahasildar.

Thankin you

Sudhir Kumar (Expert)
18 July 2019

when the holder of the property died (even if without child) his spouce has full right on his share. your mother can claim on the rest of property.

Raj Kumar Makkad (Expert)
24 December 2019

The right of your mother cannot be snatched by any person. Your surviving aunt can get exclusive share of her deceased husband but your mother is requirement to challenge the settlement which was executed only between two son of your deceased grand-father leaving your mother and subsequently the inheritance of your maternal uncle who died issue-less shall also go in favour of your mother and accordingly your mother is required to file a civil suit for setting aside the alleged settlement, mutation entered on that basis and all subsequent proceedings.

Raj Kumar Makkad (Expert)
24 December 2019

As your recently died maternal uncle was also having more land than his actual share due to non-inclusion of your mother at the time of the settlement, your aunt cannot claim exclusive ownership of the entire estate left by her husband.

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