Dear Deepak Kumar Singh,
Thank you for your query! I am Aadil and I will try to answer your question.
The short answer to your question is YES. The wife may claim back her husband’s property.
As per Section 8 of the Hindu Succession Act, 1956, the son, daughter and widow of an intestate male are Class I legal heirs to his property. The brother is only a Class II legal heir to his property. This means that as per the order of priority, the wife and son of the deceased, if alive, shall inherit the property left over by the intestate male.
As long as the Class I legal heirs are alive, the brother cannot claim this property.
Therefore, the aggrieved party may file a suit in the respective court to recover the same.
I hope this helps. Thank you for your time and patience!
Regards,
Aadil