My sister and her husband worked in a public sector firm and with thier earnings, they purchased a site and constructed a house all in his name around 1975. They have two daughters and one son all born before 1970, who are married in 1984, 1997 and 1999 respectively.
Later on, my sister and her husband got divorced in 1998, wherein my sister was forced for a mutual consented divorce, that too, without any claim on the property or alimony from him. Subsequently, he married another lady in 2004. He didn't have any children through his second wife.
Last month, he passed away suddenly, and we are not aware whether he made any will or not. His second wife was not open for any talks on the property, claiming that that's all her personal matters and that no one should interefere in her matters. She even claimed that the property was transferred to her name about a year and half ago, but was not agreeable to show the transfer deed.
Now, the questions are
(a) whether the transfer, which my brotherinlaw's second wife claims to have happened, is legal, since it was not consented by neigher of his major daughters nor his major son.
(b) whether my sister's daughters and son can claim share in the property
(c) what is the procedure to see that my sister's hard earned property is passed to her daughters and son, but not whisked by away by my brotherinlaw's second wife.
Prompt reply appreciated.
Thanks.
