Property

ramamohanrao (Querist) 02 March 2013 This query is : Resolved
hello all,
i had a brothr who died before my mother as also his wife.he had a share in an undivided HOUSE along with 4others.what does hindulaw states about the division of his share withthe surviving mother at the time of his demise? can she write a will which includes that share?
rammohan

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prabhakar singh (Expert) 02 March 2013
If you mean your married widower brother without any child ,owned certain undivided interest in a HOUSE but he died intestate then HIS SUCH SHARE IN THE HOUSE HAS DEVOLVED ON HER MOTHER.Now mother can write a WILL about her share including this share inherited from his deceased son.

ramamohanrao (Querist) 02 March 2013
i need to inform that my brother has amarried daughter and he executed a will
bequeething his share to her son.what is the percentage of the share goes to the grandson of my brother? my thanks to your immidiate response.

prabhakar singh (Expert) 02 March 2013
Who and what restrained you telling it at the very first instance?

Earlier you stated "he had a share in an undivided HOUSE along with 4 others"

Then obviously his share would be 1/5 th and the same would go to his daughter's son due to WILL made by him.

Shashikant V. Patil (Expert) 02 March 2013
Prabhakar Singhji correctly stated.

Raj Kumar Makkad (Expert) 02 March 2013
The share of your brother shall go in equal share to his mother and daughter. As the daughter of your brother is alive, no share at present shall go to her son.

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