Legal heir

In your case immediately after the death of your brother succession was open and after one year she got married to another man so when successsion was open immedately after the death of your brother, your deceased brother's wife is entittle to claim the share.( Refer AIR 1964 Assam 106)

Widows loses right after re-marriage :  A Hindu widow inherited property of her deceased husband as limited onwer, and remairred with brothe of the deceasde husband prior to the passing of the Hindu Succession Act 1956.  At the time, of her re-marriage.  Hindu widows re-marriage act was applicable, on the basis of which, a widow was to forfeit her right in the property she had inherited from her first husband after her marriage.  Consequently property inherited from first husband, reverted back to legal heirs of her first husband ( Refer 1999(2) Civil L J 842 (HP)

sir,

Namaskar, thanking u very much for replying.

our property was ancestral. property came to brother also as inherited from forefathers.

no partition taken place. when our father died, it was transfered to our mother and we four brothers.

when brothers widow remarried (20-10-2011) hindu widow remarriage act  was repealed by The Hindu widow remarraige (Repeal)act 1983. so pls tell whether  there is some legal way to prevent her to sell brothers property.  i would like to tell we all family members are willing to transfer the share of our mother (Upto the extent that is coming out of brothers share to our mother) share to the kids of brother also  but the widow is not willing to do so.

that why we are trying to bar her to claim  out of  brothers property..

pls guide

thanking u

Ravinder Kumar