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Satya Mishra   14 August 2021

Claim of property

My father property is being divided 4 names. Now my brother is suffering from Parkinson's disease due to which his wife has left him at my mother place. My mother is taking care of my brother. My query is can my sister in law claim our property as she is not taking care of my brother. There is no will being made. Our property is in name of my brother and we two sister's. Kindly advise.


 1 Replies

BHAVYA SOM GARG   14 August 2021

Greetings of the day.

First of all, our prayers are there for your brother with a hope that he recovers soon. As per the situation laid out by you, I wish to tell you that as per the laws of succession, if your brother does not predecease your father, there would remain no problem, as in the event of your father’s death, the property shall be divided equally among your mother, brother, your sister and yourself, as per the laws of succession.

 But if the situation gets reversed and your brother passes away before your father, his wife (your sister-in-law) would be entitled to receive a share in the property, being the widow of the pre-deceased son, as this would give her a place in the Class I heirs (Section 8 of the Hindu Succession Act read with Schedule I). Till the time she remains the lawfully wedded wife of your husband, she would have the right to claim her share of property in the event of her husband’s death. Whether she is or is not taking care of your brother may be a consideration before the Judge while deciding any dispute, but such a position will not be unfavourable to her.

Hope your query is satisfied.

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