Property share of mother after sons death

Succession is a matter of personal laws, which means it will be dependent of your religion and customs. 

FOR Hindu

There are two class : i) Mitakshra (common in India) -: governed by Hindu Succession Act

                                     As per Hindu Succession Act, in case of male died intestate(without will) property is devided equally among class I hiers which include deceased person's widow, surving son and daughter and mother, if any of the child is dead then to his/her child or her widow but share of grandchildren arise only in case of death ot child.

                                  ii) Dayabhaga (eastern part of India) -: right given to person closest to person died

Assuming you are a Hindu from Mitakshra sect, as your father died intestate(without will) his property needs to be devided as per Hindu Succession Act and your father's widow(your mother), your fathers chlidren(including your sisters and in case of death of any their hier), father's mother (your grandmother) each will get equal share and in your case your grandmother will get share in property and she already made will to your uncle which is legally correct  as person can make will for futute property. As per the facts you mentioned court did not made any mistake while deciding the case, however if there is something you think is not followed in your case then the judgement can be questioned otherwise you can only question if share of property is not as per the law and property is devided incorrectly.

When your grandmother filed the suit for partition claimng her share out of her deceased son's property, she was certainly entitled to a legitimate share and due to her uncertain life thereafter, she had rightly bequeathed her property by a Will  to her another son, which is her own decision and will and wish.

The court order is perfectly maintainable and enforceable and no appeal would be tenable.

Hence the judgment granting her share in the property is correct and proper.

Thank you for your valauable advice. 

I understand that a part of son's property goes to the mother. But what was surprising me was the fact that it can go to his brother also!

Just wanted to add one more question here, though the suit was filed when she was alive, the judgement came only by 2005. So if a property she acquires after her death, even that is covered by the will ?

Timeline 

1. My father expired in 1995
2. Grandmother files a suit in 1998
3. Grandmother executed will somewhere in 1998/1999
3. Grandmother expired in 2000
4. Judgement came in 2005

Thanks in advance!