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Navaneetha Krishnan (Partner)     18 May 2024

Rights to claim


I have a query on property inheritance.

My grandmother (now no more) owned a property.

she got three sons, 2 of them are no more (including my father, who's elder) and 1 of them is single (divorced).

she had written a will such that after the demise of her son, who's alive, the property would be transferred to other 2 families.

The will was written towards my mom's name and my brother's name (son of my uncle). In an unfortunate accident, my brother passed away.

He was married but no kids. Later, my brother's wife remarried.

My question here is: What happens to the property share? Would be the share of my brother passed on to my aunt and his wife (now married), even though she has remarried?

How does the law work here?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     18 May 2024

When your brother died intestate the succession to the property on his name was open and he was then survived by his wife.

Hence even though she has married another person after the death of her husband, she is entitled to succeed to the estates left behind by her deceased husband.

Her husband was entitled to a share in the property as per Will.


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