Master the Science Behind Firearm Evidence. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

swati parikha   07 October 2025

My brother's whole family died - property dispute

I have one brother, My father was having two flats, One was given to me (i have all documents with my name only) and Other was given to brother (with his name in all documents). My brother died in accident with his wife and only son. So there is noone in his family now except me.

His wife's brother (my brother's brother in law family) is claiming that my brother's whole property is their now as his sister is my brother's wife. 

I just want to know about the legal facts about that. Do I have any rights in my brother's property if no direct legal heirs of my brother?

Note : Property was purchased by my father and my father and mother both are no more.



 4 Replies

P. Venu (Advocate)     07 October 2025

What do you mean by 'given to'? Was it through a registered deed?

In your earlier posting, you had stated a different version?

When did the fatal accident take place?

T. Kalaiselvan, Advocate (Advocate)     07 October 2025

The other property was transferred to your brother by your father simultaneously, thus he became the absolute owner of the property transferred to him.

Now upon his intestate death, his class I legal heirs are entitled to succeed to the estates he left behind.

His legal heirs include his mother too besides his wife and children.

If his mother is predeceased and there is no class I legal heir surviving his death, then his father's legal heirs are entitled to succeed to the states left behind by him. You being one of the legal heirs of your deceaed father, you are entitled to succeed  the properties left behind by him (as per Hindu Succession Act), presuming that you are a Hindu by religion.

Your brother's wife's own relatives namely her brother or any other person from her parents side do not have any rights in the property because it was not her property neither she has acquired any rights in the property before her death. 

If they still agitate over this, you may file a suit for permanent injnction against them to restrain them from interfering in this property.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     07 October 2025

Yes.  Very well advised by Sri T.Kalaiselvan sir.  Nothing to add.

Dr. J C Vashista (Advocate )     09 October 2025

The brother in-law of deceased has neither any right, claim, nor any interest in  the property left behind by your brother.

Being class I heir of deceased the property shall devolve upon you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register