Legal Question in Real Estate Law in India

Madam/Sir

My Aunt's husband died before his mother and she (the mother) did not claim a share of his property (land 23 cents) before her death. the mother had a house and some land property around it. now the other son and daughter demands a share of their deceased brother's property from the widow(my aunt). they argue that their mother automatically inherited half of the property of her deceased son (as there is no children) and since she is also died, the other children had automatically inherited that property. they further refused to give a share of the mother's property to the widow of her elder son (my aunt). will you please advice on this matter?

Thanking you


Asked on 12/27/10, 11:54 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Under Hindu Succession Act, mother is Class I heir of deceased male died intestate.

Similarly, your aunt would be heir of her mother-in-law in respect of her other properties, including share of property succeeded by her on death of son or husband of your aunt.

Therefore, the other son and daughter of mother-in-law of your aunt, can not claim half property.

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Answered on 6/03/11, 1:55 am


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