The parties are Hindus. Their deceased Father's self acquired property was divided in 1997 between the widow and their eight children. The widow was living with one of her sons in the family home they got in between them in the partition. She diversted her share to this son with a right to live in the ancestral home until her death, incororating into the partition deed. She died in 2004. The son died intestate in 2008 survived by his widow. They have no issues.
As we undedrstand, under the Hindu Succession Act (HSA) read with the Indian Succession Act, the property has to be divided in between the widow and other heirs as per schedules in I & II of the HSA. Under Sch I only the widow lives to inherit. However, under Sch II, 'brother' & sister' has been named as the next inheritors.
