cpc

can my elder brothers wife ask for property on his death


Hi,

My elder brother died on 17th sep 2014. After his death his wife's family have started demanding money and property.

Our house is in my mothers name, does we need to give a part of the property to his wife.

Also we have a shop it is in partnership and in the name of my mother and we 3 brothers. My elder brother use to look after the business me and my other brother never interfered in the business or dont know anything. We have decided to sale it of as we both are doing service. So after my brothers death is his wife have the right to it if yes how much part is in her right.

Please help.

 
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advocate/counsel supreme court

a daughter in law or grand children have rights per succession Acts applicable as long as sec 125 in Cr P C is active in law of crimes;

u all never looked after the so called properties of tour mother but that elder man did accepted by your statement that means you neglected when so what rights you alone can have on your mother's properties, as long as your elder brother is elder brother legally, even illegal born brothers to your father too have rights, after all your mother did not earn by herself but she might have got by some intestate or otherwise bestowed by her husband that is why you cannot have exclusive right over her properties please

 
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advocate/counsel supreme court

if you are confident get settled by courts of law which your brother's widow and her children can use per se under law;

 

Be sensible and kind after all she worked with your brother in protecting your mothers properties and that way those properties are still there. Your brother could have sold those properties and f sold what you have to partition exclusively for you young men!

Be prudent s a mediation and conciliation concept under sec 89 of CPC 1908.

 
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I guess you got me wrong some where. I am sensible and kind, it is just that the the sister-in-law or there family is not so kind and sensible. Just after 1 day of my elder brothers death they are asking how much money he has left, what all policy he did (which he never disclosed to us anytime), when are we selling the shop. Me and my younger brother did not entered into the business because we never wanted to fight with one business and a shop so it was our elder brother who was looking but he never even use to take good care of our mother as well. 

And his wife had always some problem with the marriage till the last day of his life, she even does not take proper care of her daughter who is just 1.10 months old, she beats her like anything. She will not even let us to take care of the child. We want to pay everything to her but what if after she get will take care of the child, she already had extra marital affair, what if after paying all the money and property she gets married once again and does not take care of the child.

 
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Giving money and property is not the matter. The question is responsibilities, she never took any responsibilities and now she wants our money and property. 

 
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