Hindu Family;
A Mother has 4 Son and one of her son died and he had a wife but no child and she is re-married.
Q1) Properties of Mother on her death goes to whom?
Q2) If Mother made WILL in her 3 Son, does death son's Wife has right?
Ganesh 08 February 2016
Hindu Family;
A Mother has 4 Son and one of her son died and he had a wife but no child and she is re-married.
Q1) Properties of Mother on her death goes to whom?
Q2) If Mother made WILL in her 3 Son, does death son's Wife has right?
Vijay Raj Mahajan (Advocate) 08 February 2016
No the wife of deceased son will not have claim in the property of the mother as she is no more widow of the deceased son after her remarriage to another man. The Will of the mother in favor of 3 surviving sons is valid and safeguards to protect it from any litigation being filled by the lady in question.
Dr J C Vashista (Advocate) 08 February 2016
The will of mother shall prevail and all 3 sons will inherit the property owned by her.
T. Kalaiselvan, Advocate (Advocate) 13 February 2016
First of all it is the mother's property, i..e a married woman's property. Under such a situation, even if the daughter in law of deceased son has not remarried, if the mother in law decides against her and does not bequeaths or settles any property or share in any property in favor of daughter in law, the daughter in law cannot claim a share or right in the property.
Therefore her bequest favoring only 3 sons is very much valid and cannot be challenged by the wife of the deceased son
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