Raj 11 March 2020
Archit Uniyal 28 March 2020
Hello,
This is a case under the Hindu Succession Act 2005. As the ancestral property was divided amongst the 4 brothers through partition it became their separate property. Now, after the 2005 amendment to the Hindu Succession Act, under section 6, a woman is allowed to be a Karta of the family, holding the same rights to that of men. She can also prepare a will to dispose of property according to her choice, under section 30 of the HSA. In this case, the wife being the legal successor to her husband’s property, being a Karta after his death can pass on the property to her sister through a will. The property won’t go back to the brothers as the wife didn’t die without preparing a will.
I hope this solves your query.
Regards,
Archit Uniyal.