Right of my bhabhi on my late brother property
Sumit
(Querist) 29 August 2016
This query is : Resolved
Respected Sir,
My brother died abt 2 years ago in his saadu city .Basically it was a murder which was given a suicidal look in eyes of local police by his saadu money power.My brother had no children and there was always arguments with my bhabhi since she always wants luxurious life which my brother could not met up.they were married in 2008.now, on his death my family went in his saadu city to do the burial.but after then my bhabhi did not return to his sasural.i want to know what is the right of my bhabhi in my brother property.my brother had no will and only property is my ancestral house which will be dividend among 5 brothers including my late father.i wana know will there be any right ofmy bhabhi on this property.the property will be registered in my mother name.can my bhabhi cause any problem in future.right now my bhabhi has not remarried.
Waiting for your earliest reply
Thanking you
Dr J C Vashista
(Expert) 29 August 2016
Prima facie it is an academic query, otherwise, she has an equal share as other class I heir(as per Hindu Succession Act,1955) of your brother.
You will have to take services of a local prudent lawyer for proper appreciation of facts and law applicable, accordingly guide and proceed.
vamsi
(Expert) 29 August 2016
your bhabhi is the legal heir for your brother. so she has the right on the share of your brother.
adv.bharat @ PUNE
(Expert) 29 August 2016
as per HSA act 1955 your bhabi had an equal share in your brothers property.
Ancestral property will be divided equally among all the legal heirs.
Kumar Doab
(Expert) 29 August 2016
The ClassI legal heirs of deceased Hindu male are: Mother, wife, sons and daughters.
Your bhabhi has claim on her share from her husbands share even if she remarries.
Guest
(Expert) 29 August 2016
You cannot deprive of her share in the property, irrespective of whether she returns to her sasural or not.
Rajendra K Goyal
(Expert) 29 August 2016
The property of your brother would be inherited by his mother and wife and his children.
Raj Kumar Makkad
(Expert) 29 August 2016
As your deceased brother had left no other property except his share in the ancestral house and your father has already expired, however, your mother is alive so the property share to your Bhabhi shall be very meager.
She is entitled to inherit only 1/12 share in that house if your deceased brother has not left any child. At the relevant time, a compromise in the shape of monetary terms can be made. You need not to offer anything. Let her file a civil suit for partition and possession which may take many years in decision. None can anticipate the circumstances at that time.
Kumar Doab
(Expert) 30 August 2016
You have posted that:
"the property will be registered in my mother name"
Can you elaborate how the entire property be registered in your mother's name alone.
It is felt that explicit consent of all Co-sharers is required to execute a valid deed.
Rajendra K Goyal
(Expert) 28 September 2016
The author is mum to reply the question from expert for such a long time, the query be treated as resolved.
Raj Kumar Makkad
(Expert) 28 September 2016
I do agree with Rajender K. Goyal ji on this point.
Kumar Doab
(Expert) 29 September 2016
Probably the author has understood and has approached his counsel.
Since there is no more response in the thread by author I too concur with Mr. Goyal.
The thread may be deemed as closed/resolved.
Raj Kumar Makkad
(Expert) 29 September 2016
Silence speaks loudly hence it be treated as resolved.
