properties dispute

Querist : Anonymous (Querist) 06 July 2011 This query is : Resolved
We Hindu family having five brother we are living in different place. My second brother died without issue.

Remaining four brother are married and having child for all.

We have properties both in the name of my mother and father.

My mother’s properties are derived from her father and written will to my mother.

My mother was transferred the property as gift to all living sons .she does not give any share
To his widow daughter in law

My father is also some properties both ancestral and self earned

At this moments the widow daughter in law can claim some properties from my mother or from my father

Follow Query

Report Abuse

R.Ramachandran (Expert) 06 July 2011
If there is ancestral property in the hands of your father, then upon the death of your brother, the said ancestral property would stand partitioned (by operation of law i.e. as per Section 6 of the HSA Act, 1956) and the share falling to the deceased son will be inherited by his legal heirs (i.e. his widow, son(s) and daughter(s) etc.) if he had not left any WILL.
The daughter in law cannot claim any share in the property of your mother.

Santosh Nawale (Expert) 06 July 2011
yes,only she has claim in ancestral property she has not any right in self
aquired property of She's father in law & mother in law.& i agree with Mr.Ramachandran Sir.

sanjeev murthy desai (Expert) 06 July 2011
Your question is not been clear. If your brother died without issue, who is daughter in law?

Raj Kumar Makkad (Expert) 06 July 2011
Sanjeev it very much clear. Brother of querist was married but he died without any child.

So far reply of query is concerned, I am fully agree with Ramachandran.