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nikhilkumar   23 May 2015

Claim of wife/son of deceased brother on mother-in-law house

We are a Hindu family. I lost my younger brother in year 2002 . He was married and had a 1 year old son. I lost my father in 
the year 2003. I have 3 elder sisters who are all married. I stay with my mother in the house that was self-earned by my father.
My father had written a will but it is not registered and all his assets are in favor of my mother. My mother got the funds/FDs/shares
transferred in her name. She got the mutation of property in MCD records but not in the Registrar's office.

Query: 1. Can the wife of my deceased brother claim a share in the house. 
2. Can the son (he will become an adult in two years) of my deceased brother claim a share in the house.



 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 May 2015

to get the will written by your abated.  consult a local lawyer with copy of the will.

kavksatyanarayana (subregistrar/supdt.(retired))     23 May 2015

in the answer, spelling mistake:   get the probated.

saravanan s (legal advisor)     23 May 2015

if the property had devolved on your mother according to the will then no claim can be made by any member of your family.

Dr J C Vashista (Advocate)     24 May 2015

They may claim but same will not sustain as the property is self-acquired by your mother.

T. Kalaiselvan, Advocate (Advocate)     29 May 2015

1. Can the wife of my deceased brother claim a share in the house. 

Yes, she is very much entitled to a share out of her husband's share in the property.

 


2. Can the son (he will become an adult in two years) of my deceased brother claim a share in the house.

The son of the predeceased son also has a right to his legitimate share in the property 

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