I had loaned X amount to my youngest brother (ladies tailor by profession) in Bhopal in year 2000 for purchase of a 600sqft plot and further loan of XX amount to build a 2BHK house on it. I had made loan agreement and power of attorney for the subject loan with my brother and countersigned by his wife. The loan was for 15years period. But due to poor economic conditions of my brother, he never paid any loan instalment or the interest. The POA and Loan Agreement states that I am empowered to sell the house and recover my due Loan amounts.
He was married to daughter of his maternal uncle from 40gn village from Maharashtra and lived with his wife and 2 children there until 2006 when his wife threw my brother out of this house due to their quarrels as she doubted him, and then forcefully occupied the house. I helped to let my brother work in my shop on rental in Bhopal since 2013. My brother was in legal battle with his wife since then for divorce (living separately since 2006 till 2026), maintenance issues etc. while the 2 children were living with his wife. His Divorce application was about to conclude in Bhopal civil court in March’2026 as ex-party.
My brother passed away natural death due to cardiac arrest in Feb’2026. My brother’s wife have two (2) adults sons, eldest son is married. Younger son staying with mother at the subject house.
My query is as follows:
Q1. Will my deceased brother’s wife will automatically become owner of the said house as she was legal wife and now widow?
Q2. And can her two sons name can also be conditionally added to transfer deeds if applicable, should she choose to get remarried? She has done lots of illegal activities and frauds like getting water, electricity connection, forged document to get ration cards, BPL cards for such benefits etc.
Q3. Can I claim my dues as out of court settlement by returning the Loan Agreement and power of attorney and to avoid any further dispute. Or, should I approach court!?
Q4. Or, can I put condition to her for returning loan agreement documents, to include her 2 son’s names and if she gets remarried, her name/claim form the said house will be null and void thereafter, through affidavit or such legal documentations? I want to help my brother’s two(2) sons to get their legitimate shares / rights in the property.
Please advise. Thank You!
