Fayaz Ahamed 27 January 2022
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 January 2022
for question no.1.yes. You have to mention her name
for question no.2 Yes. They also have rights over the properties
Aryan Raj 27 January 2022
In response to your query,
When a person dies, his or her assets are dispersed among the people named in the will. However, if a person dies intestate (without leaving a will), his or her possessions will be allocated according to the law based on his or her faith.
According to the Hindu Succession Act the legal heirs are divided into two different classes- Class I and Class II.
Class I relatives include mostly blood relatives such as Father, Mother, Wife/Son, Grandchildren, Grandparents etc. The other relatives are classified under Class II heirs who are usually entitled to the property only after the Class I heirs are found to be absent or somehow cannot claim the property.
So in this case the Mother in law will be considered as a Class II heir and yes her name has to be mentioned in the list even if she is no more in this world.
And the brother's names will also be in the list they have the right over the property as well.
Aryan Raj 28 January 2022
Actually i would like to make correction to that statement, The deceased father's brothers will be unable to claim any rights to the property. When a class 1 heir is present, only that heir receives property, not class 2 heirs (brothers). And, because the grandmother died before her son (the questioner's father), the property she owned had already been divided, leaving the father as the only owner of the land that would now pass to the class 1 heirs.